Legal Question in Criminal Law in California

charged with CA penal code 242 & 243(d)

My brother and I are being charged with battery and battery with intent to do bodily injury. We both have clean records. The DA offered us 2 years probation, 30 days in jail or 20 hours community service. We instead plead not guilty. What are our options and should we have taken the deal?


Asked on 9/11/08, 9:09 pm

5 Answers from Attorneys

Ryan P. McClure The Law Offices of Ryan P. McClure

Re: charged with CA penal code 242 & 243(d)

I would agree with what others have stated. Consult with an attorney now. A conviction will have long term affects on your life.

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Answered on 9/12/08, 2:20 am
Terry A. Nelson Nelson & Lawless

Re: charged with CA penal code 242 & 243(d)

You already exercised your options. Now, prepare for the trial you requested, or try to renegotiate a new deal [which may not necessarily be as good as the prior offer]. Next time, get competent legal advice and help BEFORE making decisions that affect your freedom and future. Nobody on this site can give you legal advice, free or otherwise, as you have not established an Attorney/Client relationship. Do that soon. If this case is in SoCal, feel free to contact me if serious about doing so.

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Answered on 9/12/08, 1:18 pm
Gary Polston The Law Office of Gary M. Polston

Re: charged with CA penal code 242 & 243(d)

Whether you should have taken the deal will depend on the facts of the case. You also need to consider how a criminal record could affect your future.

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Answered on 9/12/08, 3:32 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: charged with CA penal code 242 & 243(d)

I have no idea whether you should have taken the deal, because you didn't give any facts. Consult a criminal defense attorney in person right away and well in advance of your next court hearing. Remember that part of the deal is you would have a criminal record and you'd never find work again.

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Answered on 9/11/08, 9:18 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: charged with CA penal code 242 & 243(d)

Your best option is to have your case evaluated by a good attorney. It is impossible to advise you whether you should take the deal without knowing the facts of your case. Perhaps you should fight all the way to trial. Community service might not be a bad result (although it sounds you got the option of 20 days not hours of CS) but the most important thing is whether you can keep your record clean of any convictions.

Feel free to contact me for additional consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 9/12/08, 12:15 am


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