Charges Dismissed Still trying to charge.

[i_n33d_h3lp_22]

What is the name of your state (only U.S. law)?
California

My fiance(george) had gotten into a fight with our old roommate(Justin) because we were moving out and Justin was upset about it. We still owed Justin money. Justin ended up coming after my fiance and started choking him. My fiance had his friend there helping us move and George's friend started choking our roommate to get him off of my fiance. When the police arrived they only detained my Fiance and are trying to charge him with a felony assult with a deadly weapon with intent to do great bodily harm. When we went to the Pre-Lim the Judge determained that no object was used so they dropped the deadly weapon part. but now as we are about to go into trial they offered George a deal with the deadly weapon part of his plea and they are still trying to charge him with this. Is this legal? and if not what can we do about this?

 

[Antigone*]

What is the name of your state (only U.S. law)?
California

My fiance(george) had gotten into a fight with our old roommate(Justin) because we were moving out and Justin was upset about it. We still owed Justin money. Justin ended up coming after my fiance and started choking him. My fiance had his friend there helping us move and George's friend started choking our roommate to get him off of my fiance. When the police arrived they only detained my Fiance and are trying to charge him with a felony assult with a deadly weapon with intent to do great bodily harm. When we went to the Pre-Lim the Judge determained that no object was used so they dropped the deadly weapon part. but now as we are about to go into trial they offered George a deal with the deadly weapon part of his plea and they are still trying to charge him with this. Is this legal? and if not what can we do about this?

Hire your friend an attorney, that's about it.

 

[AlmostALawyer]

The prosecution can offer any plea bargain they wish, but it doesn't mean you have to take it. Talk to your public defender or hire an attorney.

 

[CdwJava]

When we went to the Pre-Lim the Judge determained that no object was used so they dropped the deadly weapon part. but now as we are about to go into trial they offered George a deal with the deadly weapon part of his plea and they are still trying to charge him with this. Is this legal? and if not what can we do about this?

So, what is the specific code section for which he has been charged? PC 245(a)(1) does not require a weapon even though it is commonly referred to as "assault with a deadly weapon." All the offense needs is force likely to cause great bodily injury.

He does not have to accept a plea deal and he can always go to trial. It is entirely his decision.

Perhaps they will offer a plea to misdemeanor battery per PC 242?