Assault with a deadly weapon-foot

What is the name of your state? California

my boyfriend and an unknown male got into a mutual fight outside a bar. There were a few punches thrown and the other guy went down. As he was getting up my boyfriend kicked him in the head. There happend to be a cop across the street in the car who saw the fight and drove over also calling backup which was just around the block. My boyfriend got scared and ran. When he saw backup he stopped. He was eventually arrested for assault with a deadly weapon-his foot. The other guy was not serously hurt, did not go to the hospital, and did not press charges. The other guy was then sent home and my boyfriend went to jail. My boyfriend has nothing on his record is a full-time student and also works full time. What are the chances that he will actually be convicted of this charge? What does it depend on? And what would be the most possible worse outcome? Thank you for your time -Worried girlfriend

[racer72]

In a recent case in Washington State, a man was convicted of second degree murder, his weapon, his foot. He kicked a kid just once after the kid was knocked down. That guy has 30 years to think about what he did. Your boyfriend could be getting to know a guy named Bubba in a few months, he might even become his girlfriend.

[HomeGuru]

What the heck is a mutual fight?

Hi worried girlfriend. Assault with a deadly weapon (whether it's a foot or a fist or a bat) is a serious charge. It probably won't mean that Big Bad ****** Bubba is going to be his next roommate, but it could mean some serious probation time and -- if he violates that -- could mean jail time (and then Big Bubba). If your boyfriend is a student and works full time and doesn't have a record, it would certainly benefit him to consult an attorney to find out what lies ahead if he's not represented. Good luck.


hmmbrdzz

[calatty]

The charge is assault with a deadly weapon or force likely to cause great bodily injury, Penal Code section 245(a). If eyewitnesses saw him do it, there is a very good chance a jury would convict. His attorney will be looking to negotiate a favorable plea bargain for him, one involving little or no jail time but some probation probably, if this is his first offense.