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Do I have a chance of winning a trial for self defense? I was arrested for a 417.4 brandishing a replica firearm in CA

Los Angeles, CA |

I was punched by a man at a party and then he threatened to shoot me in the head. I ran to my car, but him and three men were following me to my car. I feared for my life and as they were approaching my in my car I remembered that I had a bb gun in my car and scared them away and left.I saw a car following us with their lights off on the street in which it all happened. I thought it was them coming to kill me, following me. After I ran a red light, all of a sudden the police turn on their lights and pull me over at gun point.I tell the police that I thought it was them coming to get me since they were saying they were going to follow me. I told them that I wanted to press charges on my attacker,and they said later.This is a brief statement. Accusers have crimnal history and drug history

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Attorney answers 4

Best Answer

There are a number of defenses that appear to arise from the facts you describe. Keep in mind you are a long way at trial and there are a a number of things a Criminal Defense attorney in your area can be doing for you now, before charges are filed to prevent charges from being filed. Be proactive, not reactive. Many of us in this field, including myself, offer a free consult. There is no sense waiting until the D.A files charges. Work on putting a defense together now.

Brian Michaels


You certainly have the ability to claim self-defense. The question will be whether or not you have what is called an imperfect self-defense. Since you utilized a device to make your would-be attackers believe that you were armed with a firearm, and the law permits one to use an amount of force necessary to protect oneself. For example if a person threatens to punch someone and no weapon is ever seen, the victim would not be legally entitled to use a gun to defend themself, since they were not threatened with deadly force. In your case you really need to get an attorney and go over all of the details with him or her. And, please remember that since self-defense is a factual defense that this means that in the end it is up to a jury to decide whether or not your defense and claim of self-defense is credible or not.


It would be best to hire an attorney to assist you. There are several things the DA could file against you and it would be almost impossible for you to successfully defend yourself.
Robert Driessen


You need a good lawyer who knows how to investigate and prepare the case to substantiate the dilemma you faced. Personally, I think this case has good jury appeal--meaning, jurors are likely to want to acquit on these facts. Whether it turns out to be self-defense defense and/or incredible prosecution witness, you've got a lot to work with. Remember, the prosecution has to prove brandishing. That means the witnesses have to show up and tell a credible story.

There really is a lot to work with here.

Good luck,