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What happens in california on first offense 3rd degree charge for assault and i have never been arrested before?

San Diego, CA |
Filed under: Criminal defense

The other night an old friend of my best friend kept harrasing me and my best friend during a concert and so outside after i saw her doing cocanine she was passing back and forth in front of me and my best friend sayin she was going to give us a reason to go to rehab..so i grabed her by neck and threw her to ground..and so now she pressed charges..what will happen to me..i am a mother of five and work for a newspaper..will i go to jail? I have never been in trouble before and i felt threatened and we were all drinking.

Attorney Answers 7

Posted

Words, alone, do not justify a battery. However, if there was other threatening conduct by this woman your conduct may be justified. These types of cases are very fact dependent and will require your attorney to present the whole story in order to obtain the best possible result. You may want to obtain a free consultation from a defense attorney in San Diego County to learn more about what can be done on your behalf.

Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381

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Asker

Posted

I have pictures of the bruses in my legs from her pushin me into the stage on purpose..

Asker

Posted

Also she was saying was going to givebus a reason to be in rehab..she was high off of cocanine i was scared of what she was going to do..i was not trying to harm her just get her away from us..

Andrew Michael Limberg

Andrew Michael Limberg

Posted

It may be a case of self-defense. You'll need to inform your attorney of all the facts and the sequence in which they occurred.

Posted

It sounds like you just lost it, am I right? Were you arrested, or did she press charges on you after the fact. I would definitely need more of the story to be able to better answer your questions. The injuries play a significant role in the final outcome. Also, you MAY have some defenses. Don't do this along, consult with an attorney asap.

Elliot Zarabi
www.FreeCriminalConsultation.com
213-612-7720

Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720 This answer does not constitute full legal advise. I do not know the full details of the case and therefore cannot make a full determination on your case or your answer. I always recommend speaking to an attorney in detail regarding your case.

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Posted

Yea i just dealt with so much stress in my life i think it all finally got to me. Yes this girl was haggling us all night long and then when club closed at 2am we were all leaving and she was pacing by us and saying rude things..and thats when i did what i did..well during the process if her falling she pulled mu glasses and cell phone down and while they were on ground i tryed picking them up and the bouncer did to but she steped on both them on purpose and broke them.she was not hurt and there was no injuries.im so scared..will i go to jail.

Asker

Posted

She pressed charges after the fact..no cops were called.but im scared cuz there were cameras outside.

Elliot Rahmim Zarabi

Elliot Rahmim Zarabi

Posted

To be honest with you in San Diego, jail time is a possibility, however, you may get away with no jail time. The truth of the matter is though, you want to not only stay out of jail, but also, keep your record clean! You're a good person, who, got caught up in the wrong situation and we need to show that to the prosecutor. Feel free to call me with any questions!

Asker

Posted

I was trying to protect my untoxicated friend..would that be considered self defense

Posted

Get an attorney and work this out. Felony charges are not something yu want...

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

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Posted

There is no charge of 3rd degree assault in CA. I don't know what you were charged with but it was most assuredly not 3rd degree assault.

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Asker

Posted

I have not been charged yet..i was just assuming that is what it would be because of the situation. I dont no what i will be charged with yet we have not gone to court yet..

Posted

The resolution of a criminal case depends upon several factors. The criminal conduct of the defendant, the injuries of the victim, any defenses, and any mitigating or aggravating factors. You can consult with an attorney now or wait until the charges are filed. The ultimate resolution is impossible to guess at this time.

If you are contacted by the police it would be wise if you already have retained criminal defense counsel.

Postings provided on this forum are informal and do not establish an attorney client relationship. To discuss your matter further please call my office at (760) 340-1800 in Palm Desert or (909) 469-5127 in Pomona. In most instances I offer free consultations.

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Posted

Stop admitting possible guilt on public forums such as avvo and hire yourself the best locally experienced criminal defense attorney you can afford. There is no such thing as 3rd degree assault in CA.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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Posted

Never heard of 3rd degree assault because there is no such thing under California law. There is felony and misdemeanor assault, but where did you come up with 3rd degree assault? And as other attorneys have indicated, this is a public forum, so it is in your best interest to stop talking about your case on a public forum. Alcohol, and drugs - always a bad combination.

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