Legal Question in Criminal Law in California

assault

I walked inside a WaMu branch to get cash from the ATM using my ATM only (not a debit card) that gives me access to funds deposited in my savings account with a bank in Indiana. The ATM swallowed my card, so I approached a young and sturdy male attendant who stood by the reception desk and I handed over my ID asking for help. He walked away and another employee or supervisor came back with both, my ID and ATM cards. She returned my ID but kept my ATM card explaining that it would be destroyed unless I opened an account with WaMu. I told her I was going to call the police and was told by her that she was going to contact them before I did. In fact, I did not have a cell phone on me, so I realized my chances were not better than hers. Besides, it was already late to have something to eat and my mother- in-law, who passed away on July, was very ill and on medication and needed to be fed something quick. I reached for my card, which she was still holding in her hand and grabbed it. The mas behind me tackled me but I shook off a couple times and broke loose and leave. They filed a police report and I have been arraigned with assault charges. I have a public defender. I want to defend myself and retaliate.


Asked on 9/03/08, 6:15 pm

4 Answers from Attorneys
Joshua Hale Hale Law Group

Re: assault

You should seek an attorney and fight this charge. This is if you explained it correctly, a winnable case. Do not defend yourself, get a private attorney that can help you win!

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Answered on 9/03/08, 6:22 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: assault

Worry first about defending your criminal case rather than retaliating. Do not represent yourself. Consider retaining a private attorney if you can afford one. A private lawyer will generally give your case more attention and time than a typically overworked public defender would give.

Looks like you have a winnable case. I would imagine there is video footage somewhere that could tell the story and exonerate you.

As far as retaliating, perhaps you would have grounds for a civil lawsuit against the bank. A civil lawyer should explore that for you. I would wrap up my criminal case first though.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 9/03/08, 6:35 pm
Brian McGinity McGinity Law Office

Re: assault

First, you need to slow down and think things out completely. You have a winnable case, however it could get screwed up and the charge could stick if you do not have someone handle it who knows what they are doing. If money is the issue regarding hiring a private attorney, then call the local bar associations and find out if there are any attorneys who will help you pro-bono. Do not handle this yourself. You need an attorney and the public defender may be able to help you if you sit down with them and talk about your case. They are very overworked and so make yourself available to them and explain why you want to fight the charge. Next to retaliate is not the answer and will only serve to cause you more problems. However, you may have a lawsuit against the bank and depending on the facts the person who tackled you. If they worked for the bank then you may have a civil case against the bank. You need to discuss it with a personal injury attorney. So, first find out about a private criminal attorney, either hire one or start calling the local bar associations and see if anyone will help you pro bono. If that fails go and talk with the public defender assigned to your case and find out if they will do more than a plea bargain. Finally, after the criminal matter is cleared up seek out a personal injury attorney and explore your options regarding a civil lawsuit for money damages against the bank. The best way to feel better regarding a situation like this is to laugh all the way to the bank. Do not retaliate. Get an attorney and get them in court where it hurts their pocket book. Good luck

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Answered on 9/03/08, 7:38 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: assault

It sounds like you could be successful in defending yourself against this charge, but it wouldn�t be advisable to do it yourself. I would advise you to retain private counsel on this matter. Once you have won your criminal case you can think about suing the bank civilly for the ordeal that they put you through

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Answered on 9/03/08, 11:18 pm


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