Legal Question in Criminal Law in California

my husband is 36 years old he is charged with 245a1 felony and two 422 felonies. he had a knife during an argument but never touched anyone. he had the same charge when he was 18 did 1 year in prison and never went back. they are trying to give him 3 strikes. can he even be charged and convicted of 245a1 without ever touching or stabbing the person?


Asked on 12/10/11, 10:38 pm

3 Answers from Attorneys
David M. Wallin Law Offices OF David M. Wallin

A charge of 245pc does NOT require any injury or even any touching. If one has the "present ability" to perpetrate the touching, that is all that is neccessary. These are very serious charges. As a Former Deputy District Attorney and currently a Certified Criminal Law Specialist, my firm has handled 100's of these types of charges. Should you desire private counsel, I would be more than happy to offer a FREE consultation. Call me at 661-267-1313........David Wallin

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Answered on 12/10/11, 10:45 pm
Terry A. Nelson Nelson & Lawless

Can he be charged and convicted? Of course, if the prosecutor can prove his case. That depends upon all the evidence. Get him an attorney. If serious about doing so, contact me to discuss.

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Answered on 12/12/11, 10:13 am


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