Assault/Battery Case

[reignman55]

What is the name of your state (only U.S. law)? CALIFORNIA

Last night I had an incident in a parking lot. The parking lot was packed with everybody trying to get out after a graduation ceremony.

I was trying to get out of my stall, and some guy wasnt letting me out and flicked me off. I got out of my car, he got out of his car. We came face to face and were cussing at eachother.

I made the mistake of pushing him first and he punched me and we had a scuffle for about 10-15 seconds then we both just stopped.

I got in my car to leave but I noticed he was taking my license plate and calling the cops. And getting statements from all his friends that were there.

I quickly pulled over and waited for the police to come so I wouldnt be running away.

When the police came, I explained to them that it was my fault because I was the first one to get out of the car and I was the first one to push him. He had no injuries at all, I had a small cut on my chin.

They gave me a citation for assault and battery and my court date is in August.

I am 25 years old with no criminal record at all. I am graduating next year and really dont want a misdemeanor on my record for future jobs. I am really panicing and feeling depressed. I dont mind fines or community service or wahtever else, just the criminal record is really bothering me.

Can anybody give me any kind of advice?

I contact a lawyer in Newport Beach, he said he would charge about $3500. I dont really have that king of money, but if it will help me....Ill just pay it with my credit card and deal with it.

Once again, any advice will be very greatly appreciated.

[JETX]

Originally Posted by reignman55

I dont mind fines or community service or wahtever else, just the criminal record is really bothering me.

Can anybody give me any kind of advice?

You really don't have any defense... as you have already admitted that you were the aggressor and the one who did the assault.

I contact a lawyer in Newport Beach, he said he would charge about $3500. I dont really have that king of money, but if it will help me....Ill just pay it with my credit card and deal with it.

Your best bet is to get an attorney and try to get a 'Deferred Entry of Judgment'... which simply means you will agree to plead guilty (you are) in return for probation. If you complete the terms of the probation successfully, the charges against you are dropped and you have no conviction. Of course, if you violate the probation, the original charge comes back... with its penalty.
It is unlikely that you will get a deferred without an attorney.

[CdwJava]

Originally Posted by reignman55

I was trying to get out of my stall, and some guy wasnt letting me out and flicked me off. I got out of my car, he got out of his car. We came face to face and were cussing at eachother.

That seems awfully childish on both your parts, don't you think?

I made the mistake of pushing him first and he punched me and we had a scuffle for about 10-15 seconds then we both just stopped.

Thus, you both committed the crime of battery. Arguably, HIS actions were self defense - yours were not.

I got in my car to leave but I noticed he was taking my license plate and calling the cops. And getting statements from all his friends that were there.

Very prudent of him if he wished to make a report of the attack.

When the police came, I explained to them that it was my fault because I was the first one to get out of the car and I was the first one to push him. He had no injuries at all, I had a small cut on my chin.

They gave me a citation for assault and battery and my court date is in August.

As would be expected after a private person's arrest.

I am 25 years old with no criminal record at all. I am graduating next year and really dont want a misdemeanor on my record for future jobs. I am really panicing and feeling depressed. I dont mind fines or community service or wahtever else, just the criminal record is really bothering me.

Jetx gave you some good advice. Depending on the county and your past history, it is possible the DA will agree to a plea allowing a deferred entry of judgment.

I contact a lawyer in Newport Beach, he said he would charge about $3500. I dont really have that king of money, but if it will help me....Ill just pay it with my credit card and deal with it.

That seems awfully high for this kind of a case that will likely be settled out of court. You might want to consult a handful of attorneys to see what they charge.


- Carl

[garrula lingua]

I believe DEJ, in Orange and L.A. county, is only available for drug offenses.

There is something which the individual Dep District Atty can offer: it's called a 'slow plea'. The case keeps getting continued for whatever period the DDA wants you to stay 'squeaky clean', and then the charge is either reduced or dismissed if you successfully remain pristine.
The Judge has to agree to allow the case to be continued (usually for about six months to a year).
Your best shot at this is by having an attorney who is a good negotiator. Believe it or not, your grades do count, any community volunteering may be persuasive, and letters from supporters might help (whatever will persuade that DDA).
Some bailiffs will share info regarding what attorneys are successful in negotiations w/DDAs. If you go to court before your court date (in the afternoon when it's quieter), you may be able to ask the bailiff in the court where you will be appearing.

[CdwJava]

Our DA refers to that process as "DA Deferral" ... sort of an informal program. Unfortunately, it tends to be applied in a less than even handed manner.

- Carl

[reignman55]

i have a family friend who is a lawyer that wont charge me much....or i could hire a "big shot" lawyer who is familiar with the court room because his office is right across the street...there is a big difference in cost, what do you guys recommend?

[JETX]

Originally Posted by reignman55

i have a family friend who is a lawyer that wont charge me much....or i could hire a "big shot" lawyer who is familiar with the court room because his office is right across the street...there is a big difference in cost, what do you guys recommend?

Damn... if ONLY Johnnie Cochran was still around!!!

[CdwJava]

Originally Posted by reignman55

i have a family friend who is a lawyer that wont charge me much....or i could hire a "big shot" lawyer who is familiar with the court room because his office is right across the street...there is a big difference in cost, what do you guys recommend?

The janitor is "familiar with the courtroom". Being familiar with the court does not make an attorney good or even a "big shot". Having an office across the street just makes his location convenient, it does not convey special knowledge.

This is a misdemeanor battery case. An attorney is certainly advisable. Spending $10,000 on one would be foolish. Frankly, $3,500 is ridiculous unless you get at least half of it back if it doesn't go to trial!

- Carl

[LSCAP]

I agree with Carl, except for the condition of not going to court.
I've seen too many times where the attorney could have ended it sooner, but - was paid more- the further the case went.

[CdwJava]

Many contract are for a retainer to be paid with the proviso that a portion will be refunded if the matter does not go to trial. Maybe $1,500 - $2,000 for representation prior to trial, with the balance to include a trial. The odds are high that this matter will be resolved out of court by a plea or not filed at all.

- Carl

[reignman55]

what kind of plea options might be available?
(i really appreciate all your comments, it means the world to me)

[CdwJava]

Originally Posted by reignman55

what kind of plea options might be available?
(i really appreciate all your comments, it means the world to me)

If filed at all, you might have an option to plead guilty to public disturbance per PC 415 (aka Disorderly Conduct). It's hard to say. Different DAs have different practices.

- Carl

[reignman55]

would that disorderly conduct plea result in a misdemeanor on my record? sorry if these are dumb questions, im just trying to get an idea

[CdwJava]

Originally Posted by reignman55

would that disorderly conduct plea result in a misdemeanor on my record? sorry if these are dumb questions, im just trying to get an idea

Yes, it would.

- Carl

[Wheresdalove]

Unfortunately everyone is right regarding your admission of fault. In the future, remember to keep those lips sealed because it can and did come back to haunt you.

As fore the dismissal before arraignment, you have about a 1 and a million chance of this happening but try to get your court appointed lawyer to go for it. If your lawyer can argue your position and a list of other factors come into play then it should work. If the judge does decide to make this judgment then the charges will be dismissed and will not show on your CORI.

People need to understand, just because a criminal record shows that the charges were either dismissed or not guilty employer's still hold this against the applicant.