What to do if I was cited with a misdemeanor battery and assault?
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What to do if I was cited with a misdemeanor battery and assault?
I feel like I was wrongly charged. How do I go about fighting this case? Should I get a lawyer? Does the case go straight to the DA and get asseigned to a prosecutor The way that it happened was at a bar. I fight broke out in the bathroom and i tried to stop it. I was kicked out because I tried stopping it. The bouncer grabbed my arm really hard and pushed me to get out. I did but when I got out he shined his flash light in my eyes like he was going to hit me with it. I then moved my arms to get the flashlight out of my eyes. When I did this, the flash light flew in the air and hit the other bouncer in the eyebrow. He is the one pressing charges.
Asked on October 9, 2012 under Criminal Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Given the fact that you are charged with a criminal offense which is at least a misdemeanor, I suggest that you consult with a criminal defense attorney to assist in your defense. Given the circumstances that you have written about it makes no sense for you to try and defend yourself as to the charge against you. You need to carefully read the police report about the incident.
The way the system works is that you make the first appearance (arraignment) where you make a plea of guilty, not guilty or no contest. From there you are then given a settlement conference date and a trial date. Matters move quickly in the criminal system due to the right to a speedy trial.
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