QUESTION
What happens to a third degree assault and a second degree charge?
Asked on Nov 23rd, 2012 on Criminal Law - California
More details to this question:
My brother and his girl were arguing. The police was passing by and they stopped. My brother was drunk. He thought the cop was going to arrest him. He broke the cop’s wrist; my brother got pepper spray and police was injured. My brother sometimes when he drinks he changes personality and this is his first time. I need to know what might happen.
4 ANSWERS
Gary Moore
Get him a good, highly experienced criminal lawyer, NOW.
Answered on Apr 15th, 2013 at 6:53 AM
John J. Carney
He is charged with assaulting a police officer, which is a felony. If it is a first arrest he may get a felony conviction with probation, or possibly a jail sentence. He could also get a misdemeanor conviction with or without jail or probation. He should learn to control him emotions and temper and stop drinking.
Answered on Dec 05th, 2012 at 1:55 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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He might go to jail for assaulting a police officer, resisting arrest, battery on a police officer, etc. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your brother's case. He/she would then be in a better position to analyze his case and advise you and him of his options.
Answered on Nov 29th, 2012 at 7:37 AM
It is much worse than you think. He will be charged with assaulting a peace officer, which is much worse. He needs to get a lawyer before it all goes even more south.
Answered on Nov 29th, 2012 at 4:41 AM