Legal Question in Criminal Law in California

Aswdw

Hello,

I have a history of bipolar disorder and have 4 5150's (Mental hospital hospitalizations).

During a manic episode I assaulted my step-father with a crossbow, fired but did not hit him with it. I also am charged for hitting him with my fists but did not cause any bruising and bodily injury. I was not taking any medication during that time.

I am being charged with:

Assault with a Deadly Weapon

Assault and Battery

Elder Abuse

Robbery (Step-father took a picture of me with the crossbow and I took the camera, which I later returned)

All of these are felonies.

I am now on bi-polar medication and am stable. Also I am out of jail on bail of $60,000 took $5000 to get me out.

During preliminary hearings the DA offered me 3 years in State prision but my legal counsel chose not to take it and now I am in trial proceedings with trial set in about a month.

I have no prior criminal history.

Could you please advise me on this matter to how long I may face in jail.

Thanks,

Roger


Asked on 1/31/08, 12:41 pm

1 Answer from Attorneys
Eric Alford Law Office of Eric K. Alford

Re: Aswdw

Roger:

Based on the information you provided, I believe three years is about normal for the offer. However when looking at your specific circumstances, you have no criminal past and have a history of illness which are both mitigating circumstances in your favor. Good for trial. Just from the information you posted and all of the charges, I think at maximum, your exposure could be 9 years. Looks like the DA choose the assault charge to base the offer on (probably dropped the rest) and choose the middle-term. Awdw carries (2,3, or 4 years) that the judge could choose from. Deal or trial is your decision, however, not the attorney. Counsel should really hit the issue of your illness at the time of the crime hard, and should explain all of this to you. I'm in Stockton if you have any more questions. Regards.

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Answered on 1/31/08, 1:33 pm


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