Legal Question in Criminal Law in California

Re: What constitutes assault

That is a terrible situation. I know several people and have clients who have lost their temper. He could be charged with several crimes, such as brandishing a weapon and assault with a deadly weapon. They could also charge him with a felony or a misdemeanor. He needs a lawyer whether it's a public defender or private attorney.

Re: What constitutes assault

You can't help him, you can't appear in court. Only he or an attorney may do so. It is unwise to think he can handle this himself. Facing felony charges, should get an experienced attorney to handle the procedures, such as locating witnesses, preparing for a Preliminary hearing, etc. Feel free to contact me if interested in doing this right. Luckily, the first appearance is an arraignment, at which he needs to request time to find an attorney. He should NOT talk to the DA or anyone else about the case until he has counsel.

Re: What constitutes assault

An assault is an intentional act that causes another person to reasonably fear he/she is about to be battered. (This is an oversimplification but it will do for present purposes.) The fact that your husband didn't touch the other person is relevant, but not for the reasons you think. Making contact is not part of the definition of an assault; in fact, *not* making contact essentially *is* part of the definition. Making contact converts an assault into a battery, but the lack of contact does not make your husband innocent. It simply makes him innocent of battery -- which is not what he's been charged with. Holding up a crowbar as if one is about to use it as a weapon sounds like an assault to me.

There are circumstances under which acts which would otherwise qualify as assaults can be justified, but having been given the finger is not one of them. An insult does not justify threatening physical harm.

That your husband felt threatened may matter, but only if this feeling was reasonable. If it was based only on the fact that the other man had given him the finger then it was not reasonable. There may be additional facts you did not list which would make his actions more reasonable than they now appear.

Your husband needs a lawyer. Trying to make do without one is a big mistake -- especially if he's planning to argue that all he did was threaten the other driver. Such a statement is what we lawyers call an admission of guilt, and admitting one's guilt at the outset is usually not a very effective defense strategy. Of course, if he has already told the police that he threatened the other man with a crowbar then he has already dug a rather deep hole for himself. He may be able to get out with a lawyer's help, but his chances on his own are very slim.