Legal Question in Criminal Law in California

If a guy stole my iPhone and I cut him not till be dies but injure him because he stole my phone. Will I go to jail

Asked on 8/16/13, 6:43 pm

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane
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Yes. You could get anything from 2 years for aggravated assault to life for attempted murder.

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8/16/13, 7:26 pm
Edward Hoffman Law Offices of Edward A. Hoffman
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I generally agree with Mr. Dane. But depending on the facts, a good defense lawyer might be able to negotiate a plea deal for you that would involve a lesser crime and a lighter sentence. She might even be able to beat the charges entirely, though that does not sound likely.

It is never legal to injure someone to retaliate for a prior act. Intentionally injuring another person is only legal if he is (or reasonably appears to be) threatening you or someone else with imminent death or serious injury. Even then, you may only use as much force as is reasonably necessary to counter the threat.

The reason we have criminal laws is so that people won't take revenge the way you did. One reason people don't do that anymore is because they can (hopefully) count on the legal system to impose a fair punishment. Another is that they can expect to be punished themselves if they take the law into their own hands.

What you did is a serious crime, and it has serious consequences. If you are charged, you will need a lawyer to defend you. If charges seem likely, you may want to start searching for a lawyer now.

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8/17/13, 4:27 pm

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