Legal Question in Criminal Law in California

Re: Battery 242pc in California

"Can they?" Of course. With three witnesses claiming you did it, what do you think??

"Do you need a lawyer?" Only if you want to stay out of jail.

Get an attorney immediately, and follow his advice. Most attorneys charge similar amounts for these things, within a range. Ask. Feel free to contact me if serious about doing so, and the case is in SoCal.

Re: Battery 242pc in California

Sorry this happened to you. Yes, unfortunately, if you are criminally charged you will need to hire a lawyer. Do not speak to the police, not one word, except to say, I want a lawyer. Do not consent to a search. Do not go to the police station unless you are under arrest.

Re: Battery 242pc in California

The answer to your question is YES,, they can charge you for the crime. California penal code, section 242 is the definition of battery. It is the willful and unlawful use of force or violence upon the person of another. The answer to your second question is also YES, you need an attorney. Do not wait until you hear from the DA or from Law Enforcement. You need to find an attorney as soon as possible. As you described it, they will charge you. There are three witnesses against you and from what you said they are going to state you choked this kid. This is serious. Do not take it lightly.

How much the attorney charges you can vary. It depends on your location, the charges, (you can not be sure they will only charge you under 242. They could also bring other charges). The sooner you find an attorney the better position you will be in to prevent it from getting out of hand.

If you are contacted by the DA or by Law Enforcement, they may ask to talk with you. They might say something like we would like to talk with you in order to clear things up, or something along the lines of an innocent conversation so they can just put the matter aside and not bother you any further. Do not fall for this trap. It does not matter how convincing they sound. They are talking to you for one reason and that is to gather your statements and use them against you. Do not under any circumstances speak to them without having your own attorney present. If they put pressure on you or say something like "well if you have nothing to hide, you have nothing to worry about." Don't fall for it. When they ask to speak with you tell them in a very polite manner that "you will be happy to speak with them as soon as your attorney is present." The only thing you need to do after that is wait for your attorney. If they keep asking you about the incident or if they keep asking if they can speak with you, just keep giving them the same answer "I will be more than happy to speak with you officer as soon as my attorney is present." Do not waste any time regarding this situation. Start looking for an attorney. If you do not know how to start, call your local county bar association. They generally have referral lists of attorneys and that is a great place to start. Good luck.

Re: Battery 242pc in California

Yes, you can be charged indeed. Getting a lawyer involved early could make the difference between facing charges in court and having the case dismissed early. Could be the best investment you ever make.

I would expect a good and reputable lawyer to charge between $2,000 and $3,500 for a misdemeanor case like yours.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: Battery 242pc in California

As the others have mentioned, get a lawyer. Don't simply wait to be charged before you hire one. Feel free to contact us if you are serious about representation.

www.NotGuiltyInCA.com

Re: Battery 242pc in California

Of course they can charge you with this if they believe it happened. (Your question doesn't say the accusation is false, but I will presume that it is.)

You absolutely should get a lawyer. Without more facts there is no way to estimate what an appropriate fee will be.

Bear in mind that not all fee quotes will cover the same services. Some will only cover a preliminary hearing, others will cover all pretrial procedures. Some will cover all services through and including trial, while others will even include an appeal if necessary. Still others will be hourly and will not include a maximum amount. Be sure to find out what you would be paying for in addition to how much each laweyer asks you to pay.

Good luck.