There is a huge difference between assault with a deadly weapon (Penal Code 245) and brandishing a knife (Penal Code 417). The 245 charge is a potential felony and a strike. The 417 is a misdemeanor. The false imprisonment is also another potential felony.
There is no way to guess what he may face. Any sentence depends on what, if any, charges he is convicted of, his record, the facts and what his attorney can do for him.
You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.
Please pardon any typos - posted via mobile device.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
Mr. Dane is correct, your son needs a Monterey County attorney.
If you cannot find a local attorney on Avvo, a good place to look is the website for the National Association of Criminal Defense Lawyers (NACDL.org) There is no confidentiality online. Speak to several attorneys and hire the one that makes you feel confident and comfortable.
NACDL Local affiliates: (http://tinyurl.com/8akw2gd)
NACDL local members: (http://tinyurl.com/8ru8wtv)
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Generally agree with Mr. Dane.
The exact charges are needed to even give you a decent
idea. As part of that consideration, one would need to know if the
"brandishing" is your term and not a charged count, if it is charged or
is it the basis for the ADW.
PC 245 was amended. There is (1) which is force likely to cuse great bodily harm.
There is (4) which is a weapon as the basis. The first is not a strike and the latter is.
The code sections used for domestic violence vary and can be felonies or misdemeanors.
Also unaddressed, atleast in this qiuery , but lurking abiout, is the potential sex charges.
If one can afford counsel, there are several on AVVO who practice in the Monterey area.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
I agree with the other attorneys. I understand that you are desperate for information right now. If you are wondering what his maximum exposure is, or the worst case scenario, you should obtain a copy of the exact charges that have been filed to discuss with an attorney.
With the recent sentencing changes in California, a simple variation in how the assault is charged could determine whether your son is subject to a possible prison term or a jail sentence. The facts you set forth indicate that there are other potential charges that have not been brought at this point. It is important to speak with his appointed attorney, or to speak with a lawyer that focuses on criminal law, so that you can best understand his potential consequences.
ALSO, if he is in custody - do not speak to him on the phone, or in person during a jail visit, about the charges or anything that you mentioned above. I know it is difficult, but the DA's in Monterey frequently pull inmates' jail calls and recorded visits for evidence.