QUESTION
What happens if husband was charged with assault but has no weapon?
Asked on Apr 16th, 2017 on Criminal Law - California
More details to this question:
My husband was jailed and charged with assault with a deadly weapon because he heard me arguing with a woman that was harassing me for a parking spot. Basically, he started to follow me to my residence. He ran to see what was going on and this woman looked at him and yelled that he had a knife which was not true. It was his cell phone. I was present the entire time and so was my mother. The cops did not question my husband. Instead, they slapped handcuffs on him and took him and later confessed to him that the charges won't stick since no weapon was found. We are worried that the DA will try to prosecute even though no bodily harm was done to that woman.
2 ANSWERS
Criminal Defense Attorney serving Newport Beach, CA
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Maltaise Cini
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When the District Attorney reviews the case they will determine heather or not they can prove the case guilty beyond a reasonable doubt. If the officer Indicated they did not retrieve a knife that should be helpful to your spouse. Owe fre if the woman indicated your husband had a knife and yes and was not arrested at the scene. The DA may make the inference that your husband got rid of the knife. This will depend on ow the police report is written. My concern is your husband was arrested fora 245.
Answered on Jul 13th, 2017 at 4:02 AM
They can simply prosecute him with assault. Time to shop for a lawyer.
Answered on Jul 13th, 2017 at 4:01 AM