Legal Question in Criminal Law in California

What's the time for the crime?
My fiance was charged with four counts: vandalism that exceeds $400.00; assault on a peace officer; battery on a peace officer; and resisting arrest. The last three charges were not placed on his report until the day of his hearing. From what one sheriff said, my fiance only attempted to assault, but since he was handcuffed and taken down by the deputies he was not able to make physical contact with the officers. Actually, the officers roughed him up and we have pictures that show the injuries. How likely is it to get the assault and battery charges dropped? If all charges remained, what is the maximum sentence he could get?

Asked on 5/09/03, 12:13 pm

3 Answers from Attorneys

Jonathan Kelman Law Offices of Jonathan I. Kelman

0 users found helpful

0 attorneys agreed

Re: What's the time for the crime?

You should speak with an atty as soon as possible. Please feel free to cal me at (310)286-1218 - JONATHAN I. KELMAN

Answered on 5/09/03, 1:45 pm

Mark as helpful

Robert Miller Robert L. Miller & Associates, A Law Corporation

0 users found helpful

0 attorneys agreed

Re: What's the time for the crime?

Thank you for your inquiry.

If the officers "roughed up" your fiancee, then except to the extent that it gives him a self-defense assertion, which is unlikely, you just have the right to assert abuse of force or denial of civil rights in a separate, civil action, against the police force.

The likelihood of getting assault and battery charges are different for every case, and are almost impossible to just spit out in an internet posting, without reviewing such factors as the probable cause for the arrest, the level of proof in the police report as to an assault or battery, the credibility of the witnesses involved, and the potential prosecutor and jury pool at trial. An answer such as "58.5% probable" is meaningless.

You did not mention whether or not your fiancee is being charged as a misdemeanor or felonies, and that would depend typically on the level of injuries sustained by the officers. Misdemeanors have a one year and $1,000 fine maximum per count, but felonies can be much more, and there are other consequences (the vandalism over $400 causes loss of a license over 1 year).

I hope this answers your question somewhat, but if you want more information, have other questions, or need legal representation for your fiancee, please feel free to email me directly at [email protected]. I am happy to help in any way that I can, and I wish both of you the best of luck.

Answered on 5/09/03, 4:05 pm

Mark as helpful