Legal Question in Criminal Law in California

My son got arrested for assault but the other person came at my son with a knife.My son was defending himself and beat the guy up.The guy that got beat up press charges against him now my son is in custody.My son has no criminal record whatsoever. This is his first defense. He is being charged for assault & battery. If they don't find him guilty what could happen? He was just defending himself. I'm not sure if they are also charging him with a felony or mistameanor.


Asked on 7/20/12, 5:24 pm

4 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

He needs a good attorney. Sit down face-to-face with a local criminal defense attorney. If your son's not found guilty after a trial (and doesn't plead guilty,) he's either been exonerated, the case has been dismissed, or the case is still open. Until there is a conviction by trial or by plea, nothing will happen as far as potential punishment. Good luck!

Read more
Answered on 7/21/12, 9:31 am
Terry A. Nelson Nelson & Lawless

You telling his version of the story here is doing neither you nor him any good. Hire him a good criminal defense attorney and discuss it with him, only..

When arrested or charged with any crime, the proper questions are, can any evidence or testimony obtained be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, 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 fight the criminal charges and get the best outcome possible, using whatever defenses there may be.

Read more
Answered on 7/21/12, 12:05 pm
Joe Dane Law Office of Joe Dane

I assume he us charged with assault and/or battery. Depending on the level of injury inflicted (if any), he could be facing misdemeanor or felony charges. Basic assault & battery are misdemeanors, but what he gets arrested for don't necessarily mean that's what he will face in court. The filing decision is up to the DA.

He needs a lawyer. From what you wrote, he may have a very viable defense, but it may take early investigation to locate witnesses and get him in a good position for the best outcome he can get.

Read more
Answered on 7/21/12, 1:54 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

I agree with the above attorneys but in addition if you can at all afford it bail your son out. If he has not had his first court appearance yet, talk with the attorney about whether it is better to bail him our now or whether the bail may be reduced at the arraignment.

Read more
Answered on 7/21/12, 6:55 pm


Related Questions & Answers

More Criminal Law questions and answers in California