Legal Question in Criminal Law in California
Assult with a deadly weapon
A person is being charged with assult with a deadly weapon. At a party an argument started and a fight broke out. The person being charged started the fight by pushing another boy. Immediately after the boy pushed him, he was attacked by all the boy's friends. He was badly beaten and put through a window. When he broke free, he got a knife and told his attackers to back off. A neighbor came out to see what all the yelling was and the group of guys went on to attack the neighbor. The police came and only the boy who used the knife to defend himself was arrested. Yet, he is not being charged with using the knife, just threatening people with the knife. I cannot believe this is possible, but is it fair? What can be done?
4 Answers from Attorneys
Re: Assult with a deadly weapon
You should get an atty for him as soon as possible.
Please feel free to call me - Jonathan Kelman (310)286-1218.
Re: Assult with a deadly weapon
typically a person can use non-deadly force for self defense when he/she feels they are reasonably in imminent danger of being attacked by non-deadly force by another or others. under the factual circumstances you have given so far, the person who used the knife, even though he may have "started" the fight initiallly, may have been "privileged" to use the threat of deadly force under the totality of the circumstances. these are factual and legal arguments that must be made if this person is to plead "not guilty" to these charges. your best bet is to retain an attorney asap to fight for justice in this matter, especially before this person may offer incriminating evidence against himself while in custody. if you or this person you mention would like further legal advice and/or representation in this matter, please email my Law Firm promptly today with more details and how you or this person may like to proceed. thanks for your question.
Re: Assult with a deadly weapon
What you have relayed is not necessarily fair, but bad things happen to good people. As mentioned there are some difficult issues that might be raised if you plead not guilty and go to trial, of most significant concern is the fact that the boy (later attacked) started the fight. The defense of self-defense would be central to your defense.
You should obtain an attorney to represent the accused in this matter as the charges are fairly serious and warrant immediate legal counsel to either attempt to reduce the charges or provide a adequate defense for them.
The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to email or contact us at www.unalaw.com
Re: Assult with a deadly weapon
The argument would be to get the case dismissed because of self defense. CALL US IF THAT IS YOUR GOAL. LARRY WOLF 310 277 1707
Related Questions & Answers
-
Illegal search and seziure upon a felon I am an ex felon currnetly on Federal... Asked 4/17/03, 5:26 am in United States California Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
