Legal Question in Criminal Law in California

chances

i had a fight with my neighbor he gives me bad word,and i went to his apartment and say bad words too,and he went out with a knive pointing at me and i pull also a knive to protect myself but did not point at him, then he ran back to his apartment and i went home,the next thing police came and i told them what happen, and the police gave me ticket,and said we going to court to settle or to press charges against each other, my question is what kind of charges that he may file against me and what counter charges that i had to file agains him,what are my chances if he file charges, also wanna ask if he file charges,if my immigrant status might affected.

thank you


Asked on 7/22/08, 12:02 am

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: chances

Given your immigration status, you want to be super careful here. You could be charged with criminal threats or assault even or some other violent crime which could trigger negative immigration consequences, such as making you deportable in the future.

Do not get to too emotional and revenge hungry here. End the case because the most important thing for you is to keep your record clean. The prosecution and the judge might let you do just that if both of you are willing to let bygones be bygones. I think it would be a good idea to hire a lawyer with good diplomatic skills.

If this becomes a significant case - hopefully not - make sure your lawyer is knowledgeable about possible immigration ramifications of your case.

For more info regarding your immigration concern, check out the Immigration & Crime Section of my website:

http://jaceklentz.com/Description/Immigration-Crime/

Very best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 7/22/08, 12:30 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: chances

The decision about whether charges are filed and, if so, what the charges will be is made by the prosecutor, not the alleged victim. I don't know whether you will be charged or with what, especially since I don't think your neighbor will tell the same story you told us. Even if he does, I would need to know more specifically what each of you said and in what order. My best guess is that the charges would be criminal threats and assault.

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Answered on 7/22/08, 4:02 pm


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