Legal Question in Criminal Law in California

How long does a witness have to report of a fight?

I was arrested and detained a yesterday, for a fight that occurred 2 weeks before. I posted bail after learning they are charging me with 2 serious felonies 243(D) and 245(A)(1).

Problem is i don't remember a thing. i remember arriving at the restaurant then, eating/drinking with friends/paying bill and thats it. Afterr that its blank until Flash of me getting in my car and then somehow i'm home.

It looks like the defendant or victim is saying that immediately after a previous fight, as he was lying on the ground i ran up and proceeded to viciously punch / kick / bite him .

It just doesn't make sense to me i can't see myself running up to a dude allready beaten up on the ground and just decide to start biting him.

Naturally as soon as i posted bail went home and started asking around hoping to find someone who had actually seen the whole thing.

Now i am learning that in reality 2 guys fight, one receives a broken nose and the other runs off. Now i still havent personally talked to the witness but this new story has a very different tune.

Looks like after fight ends everyone starts walking to cars and such including myself, when dude with broken nose runs up from behind and hits me in back of head, and begins to attack me and we proceed to "fightt" tho it sounds as if i was just dazed after this point and it was said i couldn't really fight back. It does sound like i did some damage during fight "bite marks" (supposed) But will this be called self defense if its proven that i was hit from behind and probably didnt even know why i was attacked?

So thats the "short" story but my question is can this witness still come forward and testify in court? And am i still at fault if attacked from behind?


Asked on 2/05/11, 4:55 pm

1 Answer from Attorneys
Isi Mataele 'Isi Mataele Attorney at Law

yeah a witness can testify at any time. You can raise self defense but you have the duty to prove that defense. There duty to prove that you got in a fight and beat the someone seems like an easy case with so many witnesses.

Also your story that you don't remember seems very weak and not credible. Stick to the truth, it usually sounds better than trying to lie your way out.

Read more
Answered on 2/05/11, 11:34 pm


Related Questions & Answers

More Criminal Law questions and answers in California