Legal Question in Criminal Law in California
assult
If my friend and I are involved in a fight with another party, and after I knock the guy down, my friend breaks the guy's arm by stomping on it. Can I be charged with aggravated mayham? I didn't know that he was going to do that to him.
3 Answers from Attorneys
Re: assult
As you have presented the facts, the answer is "yes" you can be responsible for the mayhem due to your friend's act. If it had been just you fighting with the guy and your friend, without your invitation, consent or knowledge, suddenly interfered and stomped on him, I would say you have a chance of defeating that charge. But if "my friend and I are involved in a fight" means you were both hitting him, and then you knocked him down and then he stomped him, you are equally responsible. In a "two on one fight" a reasonable person would EXPECT serious injury to come of that, and that is what happened.
So you really need a good lawyer. Get one.
Re: assult
Anybody can be charged with anything. You could be charged as an accessory or as a co-conspirator. Most people plead guilty and don't fight back. But you are not one of those people. If you do get charged with aggravated mayhem, it would behoove you to arrange in advance for legal representation.
Don't talk to the police. This is hard for some people. Practice in front of a mirror. "Officer, I have nothing to say to you, and I want a lawyer."
Re: assult
Yes, you could, and you'd be facing serious time. You may have 'defenses' to the charges, but they'll need to be raised properly by your attorney. If you are serious about getting legal counsel, and if this is in SoCal courts, feel free to contact me. In the meantime, exercise your 5th Amendment rights to SHUTUP and say nothing to police.
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