What an I looking at for my charges? 5 Answers as of March 19, 2013

I was arrested and charged with: obstructs/resists public officer, assault on peace officer/emergency personnel/ etc, disorderly conduct: drunk. I have court in April, but I am worried because I didn't realize they'd charged me with assault until I got home. I thought I was arrested for being loud and drunk in my apartment hallway. Not my proudest moment but I wanted to know, am I going to go to jail?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
With these charges it would somewhat likely. You need an experienced criminal law specialist to represent you.
Answer Applies to: California
Replied: 3/19/2013
Nelson & Lawless
Nelson & Lawless | Terry Nelson
The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, defenses, sympathies, etc. Every crime carries potential jail or prison upon conviction. You'll learn the actual charge[s] filed and any enhancements, priors, or violations alleged, and get copies of all the police reports and prosecutors evidence when appearing for arraignment at the first court hearing. The charges actually filed by the prosecutor will determine how much time could potentially be imposed. In California, if convicted of any felony, you potentially face one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 12 months in jail, plus fines. The prosecutors and judges don't like people assaulting police, so you can expect to get little sympathy or leniency in court. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answer Applies to: California
Replied: 2/26/2013
Universal Law Group, Inc. | Francis John Cowhig
No attorney can predict what will or will not happen. A lot depends on what actually occurred, the evidence the police have and your criminal history, if any.
Answer Applies to: California
Replied: 2/26/2013
Steven Alpers | Steven Alpers
It depends if a cop was injured. If there was an injury the top punishment would be time in prison. If no one was injured then probably a top of 1 year in jail. Those are the tops not likely punishments.
Answer Applies to: California
Replied: 2/26/2013
Rizio & Nelson
Rizio & Nelson | John W. Bussman
It sounds like you already know your charges (obstructing a peace officer, disorderly conduct and assault). I have no idea whether or not you will get any jail time. I'd need a lot more info to make any accurate predictions. There are obviously a lot of moving parts to this. Depending on the county and your criminal record, you could get off with a stern warning or a lot of jail time.
Answer Applies to: California
Replied: 2/26/2013
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