Legal Question in Criminal Law in California

It depends on the facts of the case. Was there truly Great Bodily Injury? Was self defense involved? Does he have a prior record? Does the other guy have a record of violence? The DA decides what, if anything, to file. Not the cops.

Your question can not be answered, as you asked it. You confuse a charge and a defense to a charge. The charge of ADW with GBI is a strike felony. But any charge can be reduced by a prosecutor if the prosecutor believes it is appropriate, based on the negotiating of the defense attorney and the evidense the defense brings forth in an attempt to get the D.A. to reduce the charge. The charge can be reduced in many ways, all dependent on the negotiating skills of the defense attorney and the evidence they bring to the prosecutor, to convince them that less serious charges are more appropriate.. Now regarding the mention of mutual combat. Mutual combat is a defense to a charge of assault. So, if a defense attorney comes forth with evidence that the phyisical violence began by BOTH parties getting phyisical at the same time, and not what was first believed, that the defendant was the agrgressor and the other party was the victim, then the defense of mutual combat would or could be a COMPLETE DEFENSE to the assault charge. I hope I explained it to you in a way that is understandable. If you want to call me to ask further questions, or to clarify anything I said, call me at 661-267-1313. I wish you well.....David Wallin

CAN the case end up being reduced or dropped? Sure. Is that likely, just because you want it? No. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight.

When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.