Legal Question in Criminal Law in California
Who assaulted first?
A guy during an arguement starting shouting foul words and proceeded to bow his chest up to mine daring me to hit him. I kept a calm head until he made treatning comments towards my girfriend and started to advance in her direction. I immediatley push him away, I interpeted his next actions as moving towards her again so I hit him. I then took my girlfreind home. I now have word he filed assault charges. I have several witnesses that he was acting out of control and treatning. How concerned should I be?
2 Answers from Attorneys
Re: Who assaulted first?
Concerned? I don't know how much you dislike jail, so it is hard to tell.
If charges are filed, you will likely be arrested and have to defend yourself in criminal court proceedings. If you have witnesses confirming he was the aggressor, you at least have a chance at defending it. IF you hire an attorney now, to present your side of the evidence to the police and DA before they issue and complaint and arrest warrant, you might be able to keep that from happening if the evidence is strong enough. Contact me for legal representation and help if you need it.
Re: Who assaulted first?
As Terry Nelson says, you should be concerned enough that you definitely consult with a criminal lawyer in your area. A prosecution may be able to be avoided if this is handled properly. If not handled properly, you can figure that the DA will file charges and that puts you at a disadvantage. As a lawyer, the more opportunity I have to control the flow of information, the more opportunity I have to benefit my client. Since you have witnesses to the event, how and when they communicate their information to the cops or prosecutor makes a huge difference. If I talk to them first, that can also make an enormous difference how they come across to the prosecution team. So, hiring a lawyer at the earliest stage can really be a benefit to you. If you'd like to talk about this further, don't hesitate to contact me for a free consultation. Steve Mandell 310 393 0639