assault? self defense?

[zowiedog]

What is the name of your state? calif
charged with assault with deadly weapon (knife) self defense 4 on 1 no physical contact with knife.have no priors, actually i have never been in trouble before . i was just trying to protect myself and my wife.i have no witnesses and the guys that attacted me are friends with the cops. i cant afford an attourney . what are my options? what is the most they can rack me for?

 

[CdwJava]

An attorney will be appointed for you by the court at arraignment if you cannot afford one.

As for the crime, if you are charged with ADW pursuant to PC 245(a)(1):

245. (a) (1) Any person who commits an assault upon the person of
another with a deadly weapon or instrument other than a firearm or by
any means of force likely to produce great bodily injury shall be
punished by imprisonment in the state prison for two, three, or four
years, or in a county jail for not exceeding one year, or by a fine
not exceeding ten thousand dollars ($10,000), or by both the fine and
imprisonment.

It's generally a felony and can result in jail time. if you have no priors, you might be able to plead to a misdemeanor with county jail time and probation for a few years.

Of course, you can always fight the charge. I imagine your wife will back your allegation of self defense? if so, you might stand a chance provided your attackers' stories can be broken up.

How did the fight come about? Why were these four folks attacking you? Where dids you get the knife? And what came first - the knife or the guys?

- carl

 

[zowiedog]

screwed for saving my ass

i'm not exactly sure but i think my wife was drugged by these guys at the bowling alley we were at prior to the incident. several people have brought this to my attention. that these guys are known for doing this to people(date rape drug)there were also two other dudes who were assulted that night but wont come forward because they cant remember what happened .also the knife was just a normal (leagal pocket knife)and i never touched anyone i just tried to hold them back.what would you do?

 

[CdwJava]

i'm not exactly sure but i think my wife was drugged by these guys at the bowling alley we were at prior to the incident.

"Not sure" is not going to be a good defense.

I'm still curious what the other side of the story is. And I am wondering why FOUR guys would be involved in drugging a woman - a married woman at that.

There just has to be more to this story than meets the eye.

that these guys are known for doing this to people(date rape drug)

Unless they have been charged or convicted of this before, being "known" for this sort of thing is as good as saying they are believed to be from the planet Mars. Without a witness, such an unfounded allegation would not even be allowed to be presented in court.

there were also two other dudes who were assulted that night but wont come forward because they cant remember what happened

That can happen when people drink too much ... or when they want to stay out of it.

also the knife was just a normal (leagal pocket knife)and i never touched anyone i just tried to hold them back.

I have seen a man killed with pencil, and another with a pen knife. The size of the knife does not matter with regards to the charge of ADW.

what would you do?

My wife and I don't frequent bars. And if we did, I wouldn't use a knife, I'd just get her out of there.


- Carl