What will happen in an assault, battery, and vandalism case? 12 Answers as of February 18, 2011

This girl said a statement to me and made me angry and I went to put my finger in her face and I broke her sunglasses. I am 52 and she is about 27. I did not hurt her or threaten her. She then began to hit me and she called it an assault on my part and I got arrested. What will happen to me? This is my first time getting a charge like that. I have been in trouble before on a fraud case over 25 years ago but that is all. Should I plead guilty? And where is the justice on her hitting me? She did not get in trouble at all.

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Sounds like you should go to trial if they do not offer you something that you feel is fair. Based on the facts you've laid out, an attorney could maybe get you an offer for a PC 415 (disturbing the peace.)
Answer Applies to: California
Replied: 11/19/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
If you have or had a romantic relationship with this lady it will probably be charged as a domestic violence case. That is bad news. You should retain a good attorney right away. For more info or to retain us call
Answer Applies to: California
Replied: 11/18/2010
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Pal, you are in deep. Not that many years ago (around the time you picked up your felony) the cops would have laughed at her. Today the cops bend over backwards for women. I have had a number of cases where the woman beat the crap out of the guy, then called the cops and he was hauled off to jail. It is worse if you are married to them - then you are thrown out of your own house. A nightmare. Anyhow give me some more information so I can help you find a lawyer and give you better advice. You definitely need a lawyer. I can represent you or I can recommend an honest criminal defense lawyer. I was the President of CACJ the California criminal defense bar and know most of the good lawyers in the state. Go to my website and I will wait to hear from you. For starters, if you plead guilty they will make you do a 52 week course of anger management where you will be sitting around with serious wife beaters and basically, not your kind of folks.
Answer Applies to: California
Replied: 2/18/2011
Hale Law Group
Hale Law Group | Joshua D. Hale
Hire an attorney you trust. If you did not attempt to inflict a battery, you should not plead guilty.
Answer Applies to: California
Replied: 10/3/2010
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
You need to talk with me about all the facts in your case. Depending on the facts that can be proven you may have a defense. Do not plead guilty at your first court appearance. Call me for more information.
Answer Applies to: California
Replied: 9/30/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    This one has a lot of detail in it. I recommend calling an Attorney to speak about it in more detail. There are a lot of possibilities here for favorable outcomes.
    Answer Applies to: California
    Replied: 9/30/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    I will not comment on justice. Everybody differs on what that means. What will happen is that you will be prosecuted for the crime. Once arrested, it is unlikely it will be dropped. Otherwise, the agencies would be wasting their time bringing charges. What can you do? Defend the charges. Go to court, enter a not guilty plea if appropriate, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s], file motions as applicable, go to trial if it cannot be resolved with a plea bargain. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for plea bargaining or at trial. If you do not know how to do these things, then hire an attorney that does, who can likely get a decent plea bargain for you. If serious about doing so, feel free to contact me.
    Answer Applies to: California
    Replied: 9/30/2010
    The English Law Firm
    The English Law Firm | Robert English
    From a strict legal standpoint, you committed an assault by putting your finger in her face in anger. No contact is required for an assault. The contact that broke the sunglasses makes the matter a battery and possibly vandalism. It does not matter that you did not intend to strike her or hit her glasses since your movement to place your finger in her face was a
    voluntary act. No injury is required for a battery charge. I would not recommend a guilty plea until you have consulted with an attorney to determine all of your rights and defenses.
    Answer Applies to: California
    Replied: 9/30/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Assault/Battery cases are great cases to fight in court. The reason is, there is always a lot of he-said she-said, and prosecutors usually do not like taking these types of cases to trial, which means your lawyer (if you hire one) may be able to get you a great offer or possibility even a dismissal.
    Answer Applies to: California
    Replied: 9/30/2010
    Desert Defenders
    Desert Defenders | John Jimenez
    You should NOT plead guilty at this point in time. If this occurred in California, the procedure from this point is for the police to write up reports of the incident and submit those to the local prosecution office for the filing of a criminal complaint, or the rejection of such a complaint. You should consider hiring an attorney to intercede on your behalf with that decision making process.
    Answer Applies to: California
    Replied: 9/30/2010
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    You should absolutely NOT plead guilty until you have a criminal lawyer evaluate the strengths and weaknesses of your case. Most criminal lawyers give free consultations. If you'd like to talk with me about this matter, please don't hesitate to call. Good luck.
    Answer Applies to: California
    Replied: 9/30/2010
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