Legal Question in Criminal Law in California
Charged with AWD while Defending Myself
One recent mourn I was severely intoxicated. I wanted to get another drink so I headed on foot to a local liquor. On the way there a hooker approached me and invited to come along and party at her place. I was really out of it but I followed her to her place. After little flirting she reached in and pulled out my wallet. I told her to give back my stuff. After that she grabbed bear mace and sprayed me all over. Then a man came in from a side door with a knife swinging. I was burning and hurting and backed into a corner. Somehow I've managed to notice a laptop by where I was. I've grabbed that object and started swinging protecting me from knife. I've sustained several minor cuts on my wrist and my palm, as well as several bruises on my forearm from defending myself. I've also managed to hit the guy on the head few times with laptop. After, I somehow managed to get to the outside door. When I came outside, cops were there and arrested me for AWD. Do I have the chance to beat this? I told em the story but they still took me in. Why? They never took pictures of any of my injuries and treated me like crap. I have few felonies and I'm on probation. No violence or violent charges of any kind in my past. Am I screwed or do I have chance?
5 Answers from Attorneys
Re: Charged with AWD while Defending Myself
Well, that's a novel approach to defending on felony charges: reinstalling Microsoft Windows? Hmmmm.
I would suggest a different approach: fight the charges with all you are worth. With multiple felony convictions, you are likely looking at state prison if convicted.
You give no indication of where all this happened. If the case is in the San Francisco Bay Area, you can give me a call for a free consultation. I DO think you have a good defense if we can establish any of the facts you related.
All my contact info is to be found at my website at http://Dinday.com
Re: Charged with AWD while Defending Myself
I agree with Mr. Dinday. Based on the information you've provided chances are good that the "victims" have "baggage" (criminal records) as well. The prosecutor will need those witnesses to prove its case. This will all come down to credibility. I would be curious to see what version of events the other two gave.
You would be in good hands with Mr. Dinday. If this happened in Los Angeles county, I may be able to help. Give me a call or shoot me an email.
Good luck.
Deirdre
www.oconnorappeals.com
Re: Charged with AWD while Defending Myself
The answer to your question depends on what kind of evidence is there to support your version of what happened, i.e., your claim of justifiable self-defense. Witnesses? Bruises? Only a lawyer who is familiar with all the facts of your case can advise you on your chances.
Get an attorney as soon as possible. If you cannot afford one, a public defender will be appointed for you at your first court hearing.
Jacek W. Lentz, Esq.
213.250.9200
www.lentzlawfirm.com
Re: Charged with AWD while Defending Myself
"A chance?" Sure. How likely? That depends upon your admissible and credible defenses, evidence, witnesses, etc. Hire an attorney unless you know how to effectively represent yourself against a professional prosecutor trying to put you in prison. If this is in SoCal, and you're serious about doing so, feel free to contact me.
Re: Charged with AWD while Defending Myself
I would try a fresh reinstall of Microsoft Windows, and if that doesn't work swap out the hard drive.
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