Legal Question in Criminal Law in California
People fighting outside a bar..a bystander steps in to assist friend. kicks one that is on the ground, bystander is arrested for assault? Is this fair?
5 Answers from Attorneys
You got arrested for kicking somebody when they're down? Doesn't exactly invoke my sense of outrage on the limited facts you gave. But bar fight cases are usually defensible, get an attorney.
The legal answer may be a bit confusing. The answer depends on whether the friend had the defense of self-defense and whether the kicking was reasonable, under the circumstances. You need to contact an attorney who knows how to defend cases like yours and, if you want, we will offer you a free telephone consult to go over all the facts so I can give you the best advise. I wish you well....David Wallin
Whether it is "Fair" is irrelevant. When arrested or charged with any crime, the proper questions are, can any evidence obtained be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to do these things effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help you, using whatever defenses there may be.
It sounds fair that you got arrested. It sounds unfair that you were kicking someone on the ground. You should leave that kind of dirty fighting for the police.
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