Legal Question in Criminal Law in California

Re: 245(a)

Sorry to hear of your ordeal. Attempted murder is 15-to-life, the charging decision is made by the DA. See a personal injury attorney near you right away.

Re: 245(a)

I'm so sorry to hear about your ordeal. I hope you are recovering as well as possible.

If the defendant specifically attempted to kill you then his crime was attempted murder. He may also face a variety of other charges, including ADW. The potential sentence will depend upon the charges facing the defendant, as well as any enhancements alleged by the prosecutor and any criminal history the defendant may have. If you can provide some of that information it will be easier to give you a range of sentences.

Bear in mind that the prosecution may agree to drop or reduce some or all of the charges in exhange for a guilty plea. The defendant may thus end up being sentenced on charges less serious than those he is now facing and may receive a correspondingly lower sentence.

Re: 245(a)

Potentially years in prison, but that's determined by a 'deal' or a judge after trial.

Your concern should instead be to get compensated, if possible, for your damages. IF the perp has any insurance or any assets, you should sue. If he doesn't then you need to bring action on your own Uninsured Motorist policy. Feel free to contact for the legal help you'll need in doing either of those.

Re: 245(a)

I agree with Mr. Stone and Mr. Nelson that you may want to sue your attacker, but you shouldn't get your hopes up about collecting from his insurance policy. Insurance does not pay for intentional conduct. (If it did, people would lose an incentive to refrain from such conduct since they would not have to pay the resulting damages from their own pockets.)

A lawyer can file a complaint that alleges both intentional and negligent conduct, but the insurer is likely to argue that the conduct was intentional, especially if the defendant is convicted of an intentional crime. The insurer may pay for a lawyer to defend him in the civil suit and may be willing to settle for a modest sum, but it will probably not be willing to pay anything close to the policy limits.