Legal Question in Criminal Law in California

assult

I am being charged with assult on a peace officer. The broom fell, I didn''t throw it at him. What are the possible penalties? Any jail time or community service? Probation?


Asked on 2/23/09, 4:26 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: assult

Obviously these are serious charges and you face the real risk of substantial jail time. To properly present your defense, you are going to need to hire a private lawyer. Hire your lawyer far enough in advance so that he or she can be present at your first court appearance. Do not assume you will get the same quality of representation from a public defender as a privately retained lawyer, or that the public defender will do anything for you other than give you a hard sell on a guilty plea. Any criminal conviction can have lasting consequences, such as the possible loss of the ability to ever get work again.

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Answered on 2/23/09, 4:35 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: assult

Offenses where attacks on peace officers are being charged are pretty serious even if the underlying charges are complete BS. The police and the prosecution usually seek the highest penalty possible. They tend to treat these situations almost personally and seek revenge.

You should get a lawyer asap in order to defend your case. You might have a case where your chances for a good resolution or victory at trial might be good. Alternatively, if chances of conviction are high and pleading guilty might be your best option, then your sentence will depend on a lot of factors. You might get probation, with or without county jail time, if there were no injuries to the officer and you have a clean record, just to mention a couple of factors which would be very important.

Feel free to contact my office for an additional non-binding consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 2/23/09, 5:15 pm
Terry A. Nelson Nelson & Lawless

Re: assult

Yes to all the above. The DA doesn't file charges unless they intend to try to put you in jail. Get an attorney unless you know how and what to do in court to defend yourself. He can either negotiate a deal based upon your defenses, or take it to trial to make them prove their case. Feel free to contact me if serious about doing so.

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Answered on 2/23/09, 5:28 pm
Brian McGinity McGinity Law Office

Re: assult

You need an attorney. Do not waste time and do not speak to anyone unless you have an attorney present.

Any charge involving an assault against a law enforcement officer is a serious offense. The District Attorney's office will generally pursue these charges as far as they can. This is not a situation to take lightly.

You need to hire a private attorney and you should act as quickly as possible. The sooner you have an attorney working for you the better your chances are to receive an favorable outcome under the circumstances. If you do not know an attorney in your area, then contact the local county bar association and ask for their referral list to criminal defense attorneys. Good luck.

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Answered on 2/23/09, 7:33 pm


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