Legal Question in Criminal Law in California

Re: Can a felony for assault with a deadly weapon be dropped to a misdemeanor?

Assault is a SPECIFIC intent crime. Meaning, the prosecutor has the very difficult burden in trying to PROVE you not only knew the person at issue was inside of the car, but you also specifically intended to harm her. This burden is almost impossible to prove, however, lesser offenses may be attainable per se. You should definitely refrain from admitting any guilt period and leave the burden of proof completely on the prosecution. For a free consultation, contact us directly.

Re: Can a felony for assault with a deadly weapon be dropped to a misdemeanor?

How a crime is charged is up to the prosecutor. The court cannot order the charges modified, so there is nothing you can do to get the charge reduced unless the D.A. agrees.

Your question suggests that you don't have a lawyer (very big mistake) and that you have admitted throwing the brick at the car (even bigger mistake). Get a lawyer *NOW* if you haven't already, and don't say another word about the case to anyone except the lawyers you consider retaining.

If you are able to persuade your jury -- or even raise a reasonable doubt -- that you didn't know anyone was in the car, then you should be acquitted. Part of the definition of assault is a specific intent to harm someone; intent to damage a car is not enough to qualify, even if it turns out there was someone inside that you neither knew nor should have known was there.

Your case seems reasonably strong as to the ADW charge, though you have probably blown your chances on the vandalism charge. But your case is only strong if you have a qualified attorney on your side. You should not attempt to defend yourself or negotiate directly with the prosecutor.

Good luck.

Re: Can a felony for assault with a deadly weapon be dropped to a misdemeanor?

These are very serious charges. You need good legal representation in order to seek a dismissal or at the very least, reduce it to a misdemeanor.

Call me for a free consultation.

Arthur Khachatourians, Attorney at Law -818.590.8294 or 323.655.7180.

Do not wait until your arraignment, it is key to start working on the case well in advance

Re: Can a felony for assault with a deadly weapon be dropped to a misdemeanor?

You have already damaged your defense by admissions, don't create further problems by talking to DA or police. Hire an experienced attorney now if you have any interest in staying out of jail. Contact me if interested.