Legal Question in Criminal Law in California

Residential Burglary

I'm being charged of residential burglary 2 months after. The guy that I went into his house chased me around for about 30-45 minutes, when he finally found me he hit me in the mouth with a fence post and almost put my tooh all the way through my lip, then twisted my arm behind my back and walked me to his house. When we got there he slammed my head on to the car when he tried it again I put my other arm in the way so my head wouldn't hit again. Then he punched me in the ear, I was wondering what would happen if I was to press charges back on assualt. I would like advice. Also there was two others but they didn't enter the house or even go near it. They told me not to do it, and I don't want them to get into trouble for something they didn't do.


Asked on 4/16/09, 5:49 pm

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Residential Burglary

Even though the resident is probably guilty of assault, based upon what you wrote, you are not likely to get a lot of sympathy points from police investigators or the D.A. and therefore not much traction for your desire to press charges. I suppose you can try and see what happens.

I would worry first and foremost about your own criminal case. Residential burglary is a serious charge. Indeed, it is a strike which could send you to state prison. The best and about the only thing you can do is to get a good lawyer.

Perhaps the fact that you had the daylights beaten out of you could be used to benefit your defense, i.e., the argument would be that you have already received some fairly painful punishment and you should get some "credit" for it.

Lastly, you should not discuss the details of your case in a public forum. You have all but admitted to a crime here which certainly could be used against you. Call a lawyer or two for confidential discussions about full details of your situation.

Best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 4/16/09, 6:07 pm


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