Legal Question in Criminal Law in California

Assault with a deadly weapon-foot

my boyfriend and an unknown male got into a mutual fight outside a bar. There were a few punches thrown and the other guy went down. As he was getting up my boyfriend kicked him in the head. There happend to be a cop across the street in the car who saw the fight and drove over also calling backup which was just around the block. My boyfriend got scared and ran. When he saw backup he stopped. He was eventually arrested for assault with a deadly weapon-his foot. The other guy was not serously hurt, did not go to the hospital, and did not press charges. The other guy was then sent home and my boyfriend went to jail. My boyfriend has nothing on his record is a full-time student and also works full time. What are the chances that he will actually be convicted of this charge? What does it depend on? And what would be the most possible worse outcome? Thank you for your time

-Worried girlfriend


Asked on 12/27/02, 3:15 pm

4 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Assault with a deadly weapon-foot

Increase your boyfriend's odds by obtaining retained counsel. Whether or not the charge of assault with a deadly weapon sticks he is exposed to other felonies. Please call me directly at (619) 222-3504.

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Answered on 12/28/02, 2:14 pm
Roland Perez Law Offices of Perez & Perez

Re: Assault with a deadly weapon-foot

You have done the right thing to ask attorneys for advice, but all details should be given to the attorney, every case is different. I will be glad to talk to you about your case, call me at 1-800-400-0057, www.perezandperez.com

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Answered on 1/18/03, 11:02 am

Re: Assault with a deadly weapon-foot

1--one can be charged with an assault with a deadly weapon, to wit shod feet.

2--a victim need not press charges or want to in order for the authorities to prosecute; the victim just becomes a witness for the state since it was the state law which was violated.

3--how the case is resolved much depends on the attitutde and perception of the District Attorney as to who started the fight, the nature of the injuries, the pre-plea probation report [which will make a recommendation and discuss defendant's background and history (if any)] and if there is any mitigating circumstances surrounding the fight.

4--worst case=state prison for 2,3,4 years

5--best=reduction to misdemeanor for time served and probation

6--a trial which may or may not exonerate the person (your fact pattern is too brief, the police reports may not be accurate and the persons involved may have given statements at the time which could impact the case analysis)

Good luck.

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Answered on 12/27/02, 3:38 pm
David Diamond Diamond & Associates

Re: Assault with a deadly weapon-foot

Unfortunately it is very difficult to answer your questions without knowing more details about the case. If you would like to set up a free consultation please feel free to give us a call at 1-866-You-Are-Innocent.

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Answered on 12/27/02, 5:30 pm


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