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
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 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.
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.
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.
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
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.