Charge: intent to cause bodily injury

[jesusizlord]

What is the name of your state (only U.S. law)? Cindy, California
My son was arrested and charged with intent to cause bodily injury. He got into a fight with another young man. Police went to my son's friends home and arrested him. The other young man involved [he is on probation] was not arrested. My son has a clean record, and this is his first run in with the law. The report states that my son did admit to getting into a fight with the young man, the same was said by the young man - the young man hit my son first, as far as I know, it states it in the police report. The public defender wants my son to take a felony. I have repeatedly voiced that he needs to fight for a misdemeanor. Why is the attorney being adamant about the charge? My sons bail was set at $50,000 - I then pushed for a bail reduction, it was only reduced to $30,000. I am trying to learn the law as I go. I need advice as to what to do next! Unfortunately, the defender is making it near impossible to give him a fair trial! Oh, and why would the young man still be out on the streets, with a probation violatio? The attorney himself told me that the police dept. that we were dealing with was crooked and if they wanted to pin someone with something, they would accomplish it. Not quite sure how all this should be affecting my son**************I need some further direction. My son was arrested on 9/25/08 and currently still in jail.

[las365]

What sort of weapon did your son use to beat up the other young man? What injuries were caused?

[outonbail]

You're son is obviously being represented by a public defender who is only going through the required motions, because they are either so overwhelmed with cases, that they do not have the time or the resources necessary to prepare a strong defense. Or, they're working as public defenders because they see it as a sort of stepping stone to gain courtroom experience and meet contacts for their future ventures and have at this point, become the legal equivalent of Monty Hall.

I have seen a few good public defenders, but the majority of them have been conditioned to push defendants to take a deal, even a bad deal, just as long as it gets the case to end as soon as possible.

Your son needs a private attorney to represent him. He does not want a felony conviction on his record, as the result will be a burden on him for the rest of his life. It is not a matter of he can't afford one, it is a matter of he can't afford not to have one.

Whatever he has to do, to come up with the funds to hire an attorney that will fight for him, he must do. The DA is not going to be offering a good deal to your son if he/she knows that your son is not in a position to defend himself.

Hiring a private attorney will usually get him a better plea offer immediately, because the DA knows that they will have to put much more work into the case if they end up having to go to trial against a private attorney who can prepare a good defense.

Don't let your son take the deal if it means he will have a felony conviction on his record. Once this happens, he can't turn the clock back and undo it.

If he pleads guilty to a felony, he will regret it for the rest of his life.

I had a public defender in Riverside superior court tell me that I was going to prison for a year and a half and that it didn't matter if I hired the same legal defense team as OJ Simpson had for his murder trial, because I was going to prison and nothing was going to change that.
I returned to the same court room a week later with a private attorney and he the charges dismissed in two appearences! It cost me $4,500.00 and was worth every penny!

[CdwJava]

Originally Posted by jesusizlord

My son was arrested and charged with intent to cause bodily injury. He got into a fight with another young man.

So ... he was charged with battery which resulted in great bodily injury? A violation of PC 243(d)?

The public defender wants my son to take a felony. I have repeatedly voiced that he needs to fight for a misdemeanor. Why is the attorney being adamant about the charge?

The attorney is looking at the case and likely thinks that there is no good defense against the charge and is of the opinion that if they go to trial he will be convicted of the felony and may potentially do a long stretch of time in the county jail or state prison (prison is not likely for a first offense, but it is theoretically possible).

Plus, the prosecution's only plea offer may be a felony. Perhaps it is a felony with little or no jail time attached. That might not be the case after trial. Remember, it is the DA that will offer the deal. If they think they have a strong case, they have little incentive to deal down.

I note that Outonbail recommends a private attorney. Well, maybe ... but, if he had been able to afford a private attorney, he would not have been eligible for a public defender. And while the public defender might not look busy and act tough to the District Attorney, it's likely he knows the local system better than most private attorneys and probably has a better idea of who the players are and how the game works. Certainly, if you have the money, he can seek a private attorney. But, that is no guarantee of any better deal by the DA, and may just be a more expensive road to a plea deal. But, it's a calculated risk he will have to take if he chooses to obtain private counsel.

Oh, and why would the young man still be out on the streets, with a probation violatio?

We have no way to know. Apparently they have not yet violated his probation or charged him with a crime. There are a number of possibilities for that.

The attorney himself told me that the police dept. that we were dealing with was crooked and if they wanted to pin someone with something, they would accomplish it.

Then this attorney is a quack if he really said that. I doubt he said it quite that way.

In the end, it comes down to what the involved parties say at trial, not what the police report said. The police were not witnesses, they only gathered evidence and statements. The people that made those statements will testify in court. So, in a case like this, it would be very, very difficult for the police to put a "fix" in unless they coerced witnesses to lie. While remotely possible, it is highly unlikely.

The final decision is your son's. he can say "no" to any plea deal offer from the DA and can go to trial if he wishes. If he does, he could go to prison. You can help him pay for a private attorney. And, maybe, you can seek a free consultation from one and see if he or she can provide a different perspective. But, you might end up paying $5,000 for the same plea deal ... who knows?

- Carl