Legal Question in Criminal Law in California

I got in a fight a year ago, and the guy got a concussion and went to the hospital. Now the DA has spoke to the guy who was hit. And he told the DA that the injuries were more servere then what they were in the police report. So the DA told my lawyer that I can take the plea bargain of: 3 years felony probation, jail/electronic motoring, and take the Felony assualt charge.
If I take it to trial the DA will add severe bodily injury. What would be my best bet to due since i'm in the military and a felony will get me kicked out.

Asked on 9/05/10, 8:07 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

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Why do you think a stranger on the Internet would be able to give you a better answer, based on one paragraph, than your lawyer, who has all the police and medical reports?

A concussion may be great bodily injury, but that's up to the jury to decide. If you take the plea, you're guaranteed to get probation. If you go to trial and lose, you could go to prison... which will get you kicked out of the military, anyway.

No competent lawyer is going to tell you what to do in such a serious situation without a complete review of all the information. If you don't trust your lawyer's advice, get another lawyer.

Answered on 9/10/10, 9:50 pm

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