I was in a very confrontational situation and I was in the process of picking up a weapon (not firearm or force) when someone grabbed it from my hand. I was charged with felony PC245a1. The guy threatened me first. I felt threatened when another person walked behind me. I suffer from an anxiety disorder.
alleged victim did not see the weapon because he had his back to me when the other one took it out of my hands
Criminal Defense Attorney
Whether or not you will be found guilty of ADW, or any crime for that matter, depends on so many different factors, too many to name here. Get an attorney who can review the facts of your case and stratagize with you to get you the best possible outcome.
Mr. Feasel is a former prosecutor in San Mateo County (CA) with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.
It doesn't matter if the victim "saw" the weapon or not if you had one. No one who has not read the police reports or seen the evidence against you can predict the outcome.
You need to hire a criminal attorney for a concise answer to this.
You are putting the cart before the horse. No one here is going to be able to speak about your guilt or innocence or chances of success at trial without sitting down with you and the records of your case and provide an informed opinion as to what you should do with your case. Every case is far dependent. Many of us offer free consults so if you want us to take a look and give you a more informed opinion call any time.