Legal Question in Criminal Law in California

My son is on parole for mayhem these guys kick in his door they all had knives he cut a guy on his ear on his way out his house where they enter, He went to prison.Now this ,he got into a agruement with his girlfriends mother they all were drinking and he hit her in her eye the neighbor call police he immediatialy laid down on ground they took picture, and him to jail and now he's facing four years We are all friends and the mother also, she forgave him. He asked the courts to marry them the courts said yes, and the mom is attending and our granddaughter .My feeling are violated .And he still have to do four years- wedding 1-11-2010 sentencing same date. Can he get a reduce sentencing or something can he pay her hospital bill she don't want him to go either.

HELP PEOPLE MAKE MISTAKES sometimes


Asked on 12/25/09, 10:21 pm

1 Answer from Attorneys
Brian McGinity McGinity Law Office

It appears as though your son was originally convicted of violating CPC 203 and that he was sentenced under to CPC 204 which provides for 2, 4 or 8 years. He was then placed on Parole and while on Parole the incident you have described took place. Depending on the conditions of his Parole, your son's use of alcohol may have been a violation of his Parole. However, even if his use of alcohol was not a violation of his parole when you son hit his girlfriends mother, he violated his parole, because he committed a crime. Striking someone is considered a violent crime and therefore his parole officer "violated your son" with regards to his parole and the conditions placed on him.

It is impossible to know what the actually specific circumstances are in your son's situation. It is also impossible to give you any real legal advice in this type of forum. If you son was represented by a PD when he went to court on the latest incident then I am sure the PD is talking with the DA and the court regarding the sentence. I am also sure the PD is doing a sentencing brief or memorandum regarding the situation. I suggest asking your son what the PD has suggested and going from there. Good luck

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Answered on 1/03/10, 6:44 pm


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