Legal Question in Criminal Law in California

Re: alleged assault with stun gun charge

Anybody can be charged with anything. Teach your wife to shut the heck up and demand to speak with an attorney if she questioned by the police. That advice goes double for you. If you are cited or arrested, you will need to bring a lawyer with you to your FIRST court date.

Re: alleged assault with stun gun charge

This may be a "circumstantial" case, but the DA can and will go forward if they think they can prove it.

You have interesting issues, though. Can the DA prove that YOU used a stun gun? Or that one was used at all? What about the spousal privilege not to testify against your spouse? Hearsay? Immunity?

Like I said - lots of issues. You're facing substantial charges and need a good attorney to guide you through this one. Good luck.

Re: alleged assault with stun gun charge

The victim can press charges based upon what others told him, but when called upon to testify in court he will only be able to talk about his own first-hand knowledge. The D.A. will need additional evidence to prove what happened.

Re: alleged assault with stun gun charge

"Charges possible?" Of course. And, DA's don't file charges they don't think they can convict on. Now, more importantly, if you've been charged with a crime, then either properly defend it yourself or hire an attorney to do so. Your claim here that 'you didn't do it' is not defending yourself. If this is in SoCal courts, feel free to contact me if serious about doing this right.