Help needed. Charged with assualt. is this smart move?

[latestgood]

What is the name of your state (CA)

Hello,

My cousin got into a fight and now charged with felony and 240. This all started because my cousin was helping out this girl because she broke up with her boyfriend and her ex became jealous of my cousin and started calling him 24/7 to bug the crap out of him. Ex called up my cousin yesterday to fight, my cousin who became extremely irritated went to fight him. It was three vs one (my cousin). After getting punched in the face, one of the guy called police and my cousin got arrested. One thing I like to add is that they were the one who initiated the fight.

I talked to attorney today and told me that the best thing that can happen is to dismiss the case with misdemeanor. His trial is set to be this Thursday.

One thing I like to add is that the girl broke up with her ex couple days ago. As she was breaking up, he slapped her face and kicked her leg and I wanted to know if it's smart for us to call police for domestic violence. There are no evidence because all her bruises are gone. Attorney said that it may help or make it worse.

Lawyer wanted $5,000 is he can dismiss the case through DA. Sigh, I really don't know what to do.

 

[CdwJava]

My cousin got into a fight and now charged with felony and 240.

What felony?

PC240 is misdemeanor assault ... that is, essentially, an attempt to hit someone. In my experience it is not coupled with any felony offe3nses, only with misdemeanor battery per PC242.

One thing I like to add is that the girl broke up with her ex couple days ago. As she was breaking up, he slapped her face and kicked her leg and I wanted to know if it's smart for us to call police for domestic violence. There are no evidence because all her bruises are gone. Attorney said that it may help or make it worse.

If the victim wants to report it, he can. Otherwise, what's the point?

 

[cyjeff]

Were you a victim to the DV? If not, then no, you cannot.