Legal Question in Criminal Law in California

Re: Assualt w/ a deadly weapon-under the influence

Your friend is facing a very serious penalty, i.e. loss of his liberty for 15 years. He needs an experienced criminal defense attorney to ensure his rights are protected.

Re: Assualt w/ a deadly weapon-under the influence

Being under the influence of drugs is not a defense to criminal charges except in *very* unusual circumstances, such as if the defendant did not intentionally take the drugs (if someone drugged him, for example, of if he reasonably but mistakenly believed he was ingesting something else).

Some of the charges you list are specific intent crimes; if the defendant can prove that he was so heavily affected by the drugs that he could no longer form the specific intent to commit those crimes (not very likely) then he might be able to defeat those charges, but he would still be guilty of other, lesser charges.

He needs an experienced defense lawyer right away.

Re: Assualt w/ a deadly weapon-under the influence

Hi. Fifteen years sounds like a lot. There must be other charges, enhancments or priors you haven't mentioned. In any event, there are unfortunately many people in prison who need drug rehab, but when the crimes committed are violent and the drug influence doesn't amount to a defense you have to fight the charges as they stand. If you have more questions about the specifics of your friend's case, feel free to contact me. You may want to have a copy of the complaints so that we know exactly what he is dealing with.