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DA is asking for 5 years in prison for felony assault charges? Is that not excessive? Details below.

Cerritos, CA |

Assault: An acquaintance dropped me off at home after drinking. I was drunk and hit him once in the jaw.

GBI: He was knocked out and hit his head on the cement. He was admitted to hospital for 3 days. fractured jaw and ear bone. Observation for concussion. Medical bill $60000

Post: Victim is fine now..but I am facing criminal charges. DA is asking for 5 years in penitentiary.

Isnt that a bit excessive?..Even with a plea goes down to 2 years maybe..I know assault cases where someone beat someone with a metal pipe and got 6 months. A close friend killed passenger while DUI served 5 years. I hit someone once and DA seems to be hunting for 1 year minimum?

Is this a ploy? How serious are they? What do i need to mitigate the DA's seemingly hardline stance?

Attorney Answers 6

  1. Don't tell me that you are handling this matter pro per. If not, then contact your attorney. If so, then get an attorney before your clients sues you for malpractice.
    for Fairness & Your Freedom because sometimes good people find themselves in unpleasant situations
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    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

  2. Do you have an attorney? There are many factors to this case. Your priors and the nature of the case will determine what DA will charge you with. If you are not happy with the offer, then the obvious choice is to keep fighting and hopefully with an skilled lawyer!

  3. So, when the DA sees the case wholly differently than does the defense, and is utterly unreasonable in the plea/sentence demand, you have two clear options: (1) ask your skilled, experienced, and highly persuasive criminal defense attorney to undertake meaningful negotiations with the prosecutor and to reach an acceptable resolution that you can live with; or (2) take the DDA to jury trial and teach him/her an unforgettable lesson in case evaluation. Assuming you have the goods to do that, of course.

    If you don't have the evidence to justify option 2, that could go a long way toward explaining why the DDA is being so unreasonable.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

  4. Assault with GBI is a strike offense carrying a maximum of 5 years. I do't see anything in your facts that suggests you deserve to get off lightly although if I were your lawyer I would fight for that.

    Comparing what you are getting to what others got is a waste of time. All cases are different with different facts circumstances and defendants. If you think other people are getting better deals maybe you should hire one of their lawyers.

  5. Well that's assault with Great bodily injury and it is a serious and vient felony plus your criminal record plays a role. If you have anything in your past then that adds to it. This is not just assault your friend was knocked out ended up with a fractured jaw and ear bone. It is way more serious that you are thinking.

  6. There are all sort of variables that determine the final offer and resolution of a given criminal case. Generally the DA will look to whether there are any proof problems or available defense arguments that can be made during trial or at sentencing in offering a pre-trial plea offer. I assume you have an attorney. If you don't, hire one immediately. You should go over some of the following issues with him; I'm sure the DA has reviewed these issues and is basing his initial offer on some of these issues (don't answer any of these questions on this public forum, discuss in private with your attorney).

    You claim an "acquaintance" dropped you off and while drunk you punched him in the jaw. How did you know this individual? Did he "drop you off" using a car; were others in the car? Why did you punch him? What is your age; what is the individual's age; what is your weight; what is the individual's weight? What is you criminal record? Was your BAC measured, what was it? Was the individual drinking or using drugs, what were the results of any blood test? Were there any witnesses to this? Who called the police? Did you flee the scene following the incident? Did you give the police a statement; what did you say? How long was the individual unconscious? Does the individual have retrograde amnesia; what his latest memory before being punched? What is the individual's posture towards this prosecution; does he want you to receive the most severe punishment possible? Has he retained a civil attorney; do you have any money/assets worth suing? Has your attorney had an investigator take a statement from the individual; what did he say; did his statement differ from any statement(s) he gave to the police? Have you had a preliminary hearing yet; who testified; did anyone's statement differ from any statement(s) they gave to the police?...

    Really the questions/issues could go on for some time. The point is each case involves numerous variables that effect the DA's pre-trial plea offers. The fact that you "know" of someone who got a certain plea offer given a certain charge doesn't tell us much, every case presents hundreds of factual questions that are relevant to proving a case. Whether offers should be regarded as a "ploy" depends on your understanding of the meaning of word. In a certain sense, all of this is a "game" in that criminal cases and the process of initial charging, pre-trial offer, and the election to go to trial can be studied using a game theory paradigm. But one can also understand the possibility of and optimal strategy during a nuclear war using a game theory framework. Make no mistake, you injured someone very seriously and the DA is likely very serious. Better discuss these and other issues with you attorney asap.

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