Assualt with a deadly weapon

[Chawncey]

CA/ I have been arrested and accused of assault with a deadly weapon and terrorist threats. I did not assault anyone. I never owned, held a gun in my life, or any other weapon. I never saw the accuser or the family member acting in collusion. I am a graduate student studying medicine. I am middle aged and have no violence in my background of any kind. The accuser had a motive to evict me and take inherited family property. There is no evidence. I filed a Civil Lawsuit of Unlawful Eviction and Theft of personal property as well as medical personal injury listed in the lawsuit. I am now going to trial because I refused to plea guilty to any charges. I offered to take a Voice Stress Exam ( admisable). I have submitted 10 Letters of Reference, people who are professional bonded and licensed people who have known my family and me. What else can I do?

[CdwJava]

Originally Posted by Chawncey

CA/ I have been arrested and accused of assault with a deadly weapon and terrorist threats.

These are very serious charges!

I did not assault anyone. I never owned, held a gun in my life, or any other weapon.

What code sections have you been charged with?

PC 245 (ADW) can be made with most anything that can be used as a weapon ... it could be a pitbull, a car, a broom handle, a metal pipe, a rake, etc. If charged with PC245(a)(2) then it is for a firearm. Otherwise, the possibilities are wide open.

And "assault" does not mean that you actually hit anyone with the item in question, just that you could have.

What else can I do?

You follow the advice of your attorney and go to trial.

If there is only the evidence of someone with a motive to lie, and your attorney can cast doubt on the credibility of that accuser's testimony, you should prevail at trial. The problem will be if there is some kind of other proof or multiple witnesses to the allegations.

- Carl

[Kane]

You said there is "no evidence." But there is. The testimony of witnesses is evidence.

The way it works is that the people who say you assaulted them will have to come to court. They'll have to testify under oath, and they'll be subject to cross-examination.

You will have the right to testify, if you choose. You'll also have the right to remain silent. Unless there was someone else who was there who agrees with you about what happened, the only way the jury will hear your side of the story is if you testify.

On the other hand, defendants can be their own worst enemies. If after hearing your side of the story, your attorney tells you not to testify, you probably ought to listen to him.