Legal Question in Criminal Law in California

That is a difficult question to answer with the information you supplied. Based on those facts alone, I'm not sure a prosecutor would even file a charge against you.I have to believe that law enforcement did NOT write up the police report the way you asked the question. For some reason, law enforcement and the prosecutor see the case differently than you depict. The charge you mention is a very serious charge. I believe it is not only a FELONY, but a STRIKE as well. The best advice I can give you is that you should call a highly qualified criminal defense attorney in or near your area, and go over all the facts, so that you get the best feedback possible. On the facts given, I would imagine a plea deal is very possible, but, because the charge is so serious, there are many possible plea deals that still include custody. Speak to a lawyer TODAY. I wish you well......David Wallin

You won't know until you try. And, it will depend on all the facts. Once you have all the pleadings and police reports, then your attorney can determine if there are grounds for evidence suppression or other motions, or defenses to use in plea bargaining or trial. Without knowing all those factors, any opinion would be pure speculation.

Of course you can fight it. 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. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. 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.