Legal Question in Criminal Law in California

''assault''

MY husband is 19 and was charge with assault with a deadly weapon and it's his first affence what will most likely happen in court


Asked on 10/25/02, 1:20 pm

3 Answers from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

Re: ''assault''

That charge is called ADW for short. Depending on the weapon, it will count as a strike. Standard sentencing is 2, 3, or 4 years (of which most people only have to do half).

About 90% of criminal cases settle before trial. If the D.A. has a weak case, he may be willing to allow your husband to plead guilty to a lesser charge.

He will be assigned a public defender if he can't afford an attorney. The P.D. will be quite familiar with the norms in the county and district where your husband is.

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Answered on 10/25/02, 1:27 pm
David Diamond Diamond & Associates

Re: ''assault''

Assault is also called ADW for short. What weapon was used? Depending on the weapon, it will count as a strike. Standard sentencing is 2, 3, or 4 years. With an aggressive attorney, your husband may be able to plead to a lesser charge. Please contact my office at 310/277-1707.

Sincerely,

Lawrence Wolf, Esq.

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Answered on 10/25/02, 2:23 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: ''assault''

Thank you for your posting, and I'm sorry to hear about your husband's charges.

What can be expected from an assault with a deadly weapon case depends entirely on the facts. I can also assert that whether or not the case was filed as a felony or a misdemeanor (and this decision is normally based upon the level of injuries) is very important.

A good attorney might be able to challenge some of the evidence, or the police's gathering of statements, and present evidence that might show self-defense, or that might indicate that the charges warrant a lower offense, such as disturbing the peace or simple assault and/or battery.

I hope this helps ... but if you want to give me more details about the case, or have other questions, please feel free to email me at [email protected]. I look forward to helping you in any way that I can.

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Answered on 10/25/02, 2:42 pm


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