Legal Question in Criminal Law in California

Heading to trial for a PC 245 (a)(1)
I am being charged with a misdemeanor PC 245 (a)(1): assault with a deadly weapon (not firearm), great bodily injury. I have no prior criminal history. The DA offered me three to six months in county jail as a plea bargain. I declined. I have hired an attorney and have received my discovery from the district attorney. The case seems pretty weak, and my lawyer seems confident, but I feel like I'm not being included enough in this (I've only spoken with my lawyer maybe four times and I just had my readiness and settlement hearing, he seems unwilling to discuss details with me and is vague). I am going to jury trial in about a month and a half. The case the DA has built is absolute rubbish: everything is circumstantial, only one person has stated that I was involved (and he did it to get himself out of trouble and actually did lie), and everyone was intoxicated with the exception of myself. I am claiming self defense and defense of others, although I didn't involve myself with the actual fight that occurred, I simply struck back twice when I was hit and left. Perhaps it's not enough info, but what are the chances that this will end in my (wrongful) conviction? And does it seem like my lawyer is not doing something properly?

Asked on 8/29/05, 4:24 pm

3 Answers from Attorneys

JOSEPH SHEMARIA LAW OFFICES OF JOSEPH SHEMARIA

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Re: Heading to trial for a PC 245 (a)(1)

Your case sounds relatively simple to you. However, NEVER underestimate your opposition and their "weak" witnesses or you may be shocked, (seriously).

You sound serious and as if the case means somrthing to you. I am sure it does. Regardless of what you think, or your lawyer thinks for that matter, if you do not have 100% trust and confidence, an ability to speak openly, directly and frankly with your lawyer, you are in trouble!

Try telling him your concerns and feel free to quote the above advice. After 35 years of doing criminal defense, I can assure you your lawyer will agree with me if he/she is competent. Otherwise, you need a new lawyer who you really can talk to and feel comfortable with.

Joseph Shemaria, Esq.

www.CriminalDefenseLawyers.com

Answered on 8/29/05, 4:35 pm

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Terry A. Nelson Nelson & Lawless

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Re: Heading to trial for a PC 245 (a)(1)

Defendants seldom assess their own case accurately, because of emotional involvement and inexperience with legal proceedures. Wishful thinking doesn't count as good judgment.

DA's don't take cases to trial without a high likelihood of success. Unless this one is bluffing and ready to drop the case at the courthouse steps [very unlikely], you have a problem you don't admit.

You should discuss your issues with your lawyer, and then actually listen when he gives advice and appraisal of the case. If you don't completely trust him, then switch to someone you do trust. BUT, that doesn't mean shop around until you find someone to tell you what you want to hear. You'll end up in jail that way.

Answered on 8/29/05, 4:43 pm

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