they charged my cousin with that, but she didn't assault with the weapon her mom did. They are not going after her mom they just took her and now charging her, but their was more people involved in the fight but she is the only one being charged with $50,000 bail. Can they do any of that, how long would she have to do, can she get probation, and i believe it was first time offense since she turned 18.
You cousin needs a skilled criminal defense attorney to assist them. This is a serious charge which could land the person in prison. The DA may be alleging that your cousin AIDED AND ABETTED in commission of the crime. That means your cousin can be convicted of the crime if they helped, assisted, encouraged, aided or abetted in the commission of the crime.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
I agree with my colleague.This is a serious charge and a skilled defense lawyer may be able to get the charges diminished or dismissed at preliminary hearing or may be able to get a fair resolution for you.
I agree with my colleagues: your cousin needs a skilled defense attorney. From the scenario you describe, the evidence is dramatically conflicting. In a case like this your cousin make have to take it all the way to trial.
Penal Code section 245(a)(1) is a "wobbler." That means it can be treated as either a misdemeanor or a felony. If she is found guilty or convicted (let's use the term convicted from now on) of a misdemeanor, she can be required to do up to one year in the county jail and pay a fine. However, she is eligible for probation. If she is convicted of a felony, she is facing 4 possibilities: 2, 3, or 4 years in prison or felony probation. As a condition of felony probation she could be required to serve some time in the county jail.
If you have information about this case which would help her please contact her attorney. Her attorney will put you in touch with an investigator who works for the attorney and that investigator may contact you to learn what you know and how to contact others. If you have to leave a voicemail message with the attorney, be short but specific: tell him that you have information that it was your aunt, not your cousin, who did the assault, and then be sure to state your contact information. That is more likely to get a response than to say something like, "I'm her cousin. She didn't do it. What is going to happen to her? Please call me back."
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