Legal Question in Criminal Law in California

If a person is charged with assault with a deadly weapon but the victim that was stabbed is brother to suspect & does not wish to press charges on the suspect. What happens with the case? Will the district attorney still pick up the case?

Asked on 7/06/15, 9:35 pm

4 Answers from Attorneys

Allen Farshi Law Offices of Allen Farshi

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This is the Peoples case not the brothers case. The victim only becomes a witness in a criminal matter. This is a very serious felony. a strike with a minimum 3 years in a State penetentiary. In short its not up to the brother to press charges the DA will definitely move ahead with the case. Call me if you decide to protect yourself. 818 688 2225

Answered on 7/06/15, 9:39 pm

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David Brown D. Glenn Brown

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It is up to the District Attorney to decide whether to prosecute the case. The fact that the victim is a family member does not dictate the DA's decision. It may be a factor in sentencing(if the defendant is convicted). The charged person should definitely get an experienced criminal lawyer!

Answered on 7/06/15, 11:04 pm

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Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

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It does not matter if he presses charges. In a criminal matter like this, a District Attorney has full responsibility of deciding whether to pursue prosecution. This is a very serious criminal offense. I advise a very good and reputable criminal attorney.

Answered on 7/07/15, 1:12 am

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