Charged with assault with a deadly weapon for kicking a person

Question Details: i kicked the guy, walked away, didn't hear anyone say "hey, stop". next thing i know i was being tazed. no reason given. i was taken to the hospital and questioned there, never given my miranda rights. I have no criminal record, not the type of person to do what i did. i really messed up. i was balied out and my court date in on 9/21. what time of punishment am I looking at? the cop also tried to pin a gun on me but his co workers said "n we're not down with that". I don't know what,if anything, he pinned me to.

Asked 9/14/2009 under Criminal Defense | 955 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Criminal Defense Law Answers

Zadik Shapiro / Law Offices of C. Zadik Shapiro Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

It is way too early to talk about punishment.  We don't even know what the charges are.  They may be misdemeanors or felonies.  If it is a misdemeanor the maximum is one year.  If its a felony you could be sent to state prison.  But don't worry about the maximums.  You are not getting them.  What you need now is a lawyer who can advise you.  If the police try to contact you, under no condition should you speak to them without a lawyer present and most lawyers will tell you not to speak to the police under any conditions, even with a lawyer present. 

Michael L. Becker, Esq, / Law Offices of Miller & Becker Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

I'm not sure from your question what led up to this.  but with no criminal history, it sounds like a misdemeanor battery, at most, to me.  They may file felony charges, but with a strong attorney you may be able to negotiate a reduction to a misdemeanor.  Or if there was something that justified your conduct, you may win the case.  There are so many factors that come into play that it's always best to consult an attorney.  Based on the information you provided, assuming that the guy was not hurt seriously, I think your looking at probation. 

Although I do not practice law in the State of California, here are my initial impressions.  First, I totally agree with my colleague's advice.  However, I'd like to respond to some of the other points that your raise.  First, the fact that you were tased is not especially relevant at this point.  Excessive force usually only becomes an issue if and when you win the underlying criminal case.  Second, the police's failure to read you your miranda rights is only relevant if you said or did something incriminating after you were already in custody.  In any event, I completely agree that your top priority right now should be to get an attorney.  Good luck.

Related Criminal Defense Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com