Legal Question in Criminal Law in California

245(a)(1)pc

My husband was arrested for assault with--name removed--deadly weapon (not--name removed--gun)listed as--name removed--felony in California. It is his first offense in CA. What are the chances that it will stay--name removed--felony or can they drop it to--name removed--lower charge? We just want to get him back home to his state. He's already done almost 30 days in county waiting for prelim.


Asked on 11/24/08, 6:50 pm

5 Answers from Attorneys

Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: 245(a)(1)pc

Assault can be charged either as felony or misdemeanor, depending upon facts and circumstances of what took place. Because your husband is waiting on his prelim, he is being charged with a felony no doubt.

It is impossible to comment on what he is facing without knowing more facts. Please feel free to call me for further consultation. I will gladly advise you if I know additional facts. My consultation is non-binding and free of any charge.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Read more
Answered on 11/25/08, 5:03 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: 245(a)(1)pc

Is the case in Southern CA, and are you interested in retaining an attorney?

Read more
Answered on 11/24/08, 7:03 pm
Terry A. Nelson Nelson & Lawless

Re: 245(a)(1)pc

Anything is possible. Likely is a different question. I can speculate with the best, so can you. The outcome depends on all the charges, evidence, facts, issues, witnesses, damages, etc, etc. Ask his attorney, who knows the facts. If he doesn't have one, get him one.

Read more
Answered on 11/24/08, 8:08 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: 245(a)(1)pc

You need to talk to his attorney or hire an attorney to determine what his chances are of getting out of jail and returning to his home state. Good Luck!

Read more
Answered on 11/24/08, 10:33 pm
Joshua Hale Hale Law Group

Re: 245(a)(1)pc

There is no case that is the same in criminal law. Any attorney would have to know more about the facts and about your husband and his record.

I have handled many criminal matters all over California, and know that it is hard hiring someone across the country, but the truth is you need an attorney immediately to assess his situation with police report in hand. If you would like to discuss this further, please call or email my office at your convenience.

JDH

Read more
Answered on 11/24/08, 10:40 pm


Related Questions & Answers

More Criminal Law questions and answers in California