Legal Question in Criminal Law in California

I'm a high school student in California, and I'm seventeen. I punched a student in his face two days ago, due to him provoking me. I do not know that person and he just came up to me throwing sexual content insults and racial comments on me. I was arrested and stayed in the sitting room for a few hours, and I have court at the end of November. My question is what is the punishment I might get for offending a misdemeanor battery (code 242)?


Asked on 9/30/11, 11:37 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

In California, if convicted of any felony, you potentially face one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 6-12 months in jail, plus fines.

You�ll learn the actual charge[s] filed when appearing for arraignment at the first court hearing. The prosecutors can amend at any time they believe they can prove additional or different charges. The charges determine how much �time� would be imposed if convicted.

When threatened, arrested or charged with any crime, �What can you do�? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice [if not already too late] to exercise the 5th Amendment right to SHUT UP and do NOT talk to police or ANYONE about the case except an attorney. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 10/01/11, 12:19 pm


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