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Potential Assault With a Deadly Weapon Charges

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  • 09-06-2011, 01:10 AM
    bubba1
    Potential Assault With a Deadly Weapon Charges
    My question involves criminal law for the state of: California

    Hello,

    Several months ago some guy broke into my house and stole something valuable of mine. (I used to know the guy) Cops came, I filed a report. Cops did not do anything. I did some investigating of my own and tracked the guy down. I contacted the police but again, they kept ignoring my requests/messages.

    Fast forward 4 months.

    I have been still tracking the guy down. I got out of my car with a baseball bat, gloves, pepper spray and a taser. I found out where the guy was and I promptly pepper sprayed him and beat him up with the baseball bat. There may have been witnesses, but I am sure that none of them (except the subject in question) saw my face or license plate. I got away. I went to stay at a friends house 3 hours away.

    1.) The guy who I beat up, knows where I live (which is a place where I pay cash for rent and I don't need to go back). He may also know my Last name. I know this because one of my old room-mates told me that the cops showed up that same night with dogs etc.

    2.) He is not injured or bleeding. (minus the pepper spray = that burns)

    3.) I have no criminal record. I do have a lot of speeding tickets (all of which have been paid) and a suspended license.


    Which brings me to asking you guys some questions:

    1.) Can the cops find me ? or rather....what is the probability that they will? The person that I assaulted has a criminal record and has seen my face.
    2.) My natural guess is that, is this enough evidence (his word against mine --- ie: guy with criminal record vs. guy without criminal record) for them to issue a warrant on my behalf? If so, what are my best options?
    3.) Should I continue hiding, hoping that they will eventually drop it?

    I am not justifying my actions -- I was just angry that the cops didn't do anything when this guy broke into my house and stole my things. But I also do not want to go to jail for assault with a deadly weapon etc. I will be starting school in a few weeks.


    I'd really appreciate some practical help.
  • 09-06-2011, 01:26 AM
    Dogmatique
    Re: Potential Assault W/ Deadly Weapon Charges -- Help
    Speak with an attorney.

    And get some therapy. Reasonable, rational people do NOT behave the way you say you did.

    ETA: We also don't do homework, hypotheticals or movie scripts here.
  • 09-06-2011, 04:37 AM
    flyingron
    Re: Potential Assault W/ Deadly Weapon Charges -- Help
    Congratulations, you've committed a felony (aggravated assault). It all depends if the cops get wind of what you did (either the victim filing a complaint). The victim probably knows quite well who you are. You don't get to vigilante beat the crap out of or even threaten someone.
    You'd better have a lawyer on speed dial.
  • 09-06-2011, 05:22 AM
    free9man
    Re: Potential Assault With a Deadly Weapon Charges
    On second thought, not gonna waste any more time than I already have with someone's troll-a-rific ranting.
  • 09-06-2011, 08:50 AM
    bubba1
    Re: Potential Assault W/ Deadly Weapon Charges -- Help
    Quote:

    Quoting flyingron
    View Post
    Congratulations, you've committed a felony (aggravated assault). It all depends if the cops get wind of what you did (either the victim filing a complaint). The victim probably knows quite well who you are. You don't get to vigilante beat the crap out of or even threaten someone.
    You'd better have a lawyer on speed dial.

    Thank you flyingron.

    It all depends if the cops get wind of what you did:

    1.) What if the guy knows my first name (possibly last name) and saw my face and filed a complaint? Is it still his word against mine?
    2.) I cannot afford to get a lawyer ($7500 minimum so far) -- would a public defender suffice?
    3.) Meanwhile, if I am checking online (http://ws.ocsd.org/ArrestWarrants/) to see if I have a arrest warrant (is that how it usually works?) and I don't, does this mean I am OK? if not how long does it take to issue a warrant? I am assuming that : a.) If you have an idea of the person you are looking for and b.) don't know where he his/cannot find him, the only option left is a warrant?

    4.) Just for kicks: What if I completely utterly DENY being at this altercation ? Isn't it his word against mine? Plus how would he prove it other than saying "I saw him" ?
    Thanks
  • 09-06-2011, 09:40 AM
    flyingron
    Re: Potential Assault W/ Deadly Weapon Charges -- Help
    Public defenders are lawyers.
    Who knows what evidence there is at this point, but if you don't keep your mouth shut, you're going to give them more than enough to convict on your own blabbering.
    They've got a long time to commence prosecution on this, at least a year, possibly longer.
    Just for kicks, stop assaulting people, keep your mouth shut, and don't talk to anybody including the police or DA unless you have a lawyer present.
    Lying isn't going to get you very far either.
  • 09-06-2011, 03:22 PM
    cdwjava
    Re: Potential Assault W/ Deadly Weapon Charges -- Help
    Wow! Multiple violent felonies! Assault with a deadly weapon, assault with a chemical agent, brandishing a weapon, possibly criminal threats as well! Woof!

    Yes, they might be able to find you. Yes, they can prosecute you. No, we do not know if they can convict you because we have no idea what evidence they might have or be able to collect later on.

    You are either a certifiable whack job, or this is a put-on.
  • 09-06-2011, 03:29 PM
    cdwjava
    Re: Potential Assault With a Deadly Weapon Charges
    Quote:

    Quoting bubba1
    View Post
    My question involves criminal law for the state of: California

    Hello,

    Several months ago some guy broke into my house and stole something valuable of mine. (I used to know the guy) Cops came, I filed a report. Cops did not do anything. I did some investigating of my own and tracked the guy down. I contacted the police but again, they kept ignoring my requests/messages.

    so, what PROOF do you have that he stole your stuff? Sure, you might suspect him, and the police might agree he is a good suspect, but can they PROVE that he committed the crime?

    And when you tracked the guy down and called the police, you told them, what? That you found the guy who you think ripped you off? I doubt that they were going to rush an officer down code 3 to interview a burglary suspect, but if you found his home and gave that to the police then they could eventually follow up on it.

    Knowing that someone did something and proving it are different things. I suspect that you believe this guy ripped you off but the is not any real proof. Correct?

    On the other hand, with regards to allegations against you - assuming this guy even called the cops - you have his statement, injuries, and a potential motive on your part ... And, I suspect, no good alibi other than a perjured denial (which you wil never be permitted to make on the stand if your attorney knows what happened).

    Maybe you wil get lucky and stay invisible. Maybe not. No matter, you need t get some serious therapy right away!
  • 09-06-2011, 03:57 PM
    cyjeff
    Re: Potential Assault With a Deadly Weapon Charges
    Assuming this is a troll....

    Wow, what a coward. You pepper sprayed an unarmed man and then beat the crap out of him when he went down with a bat.

    Nice.

    You know the best thing about this? You made his theft completely irrelevant. Your crime spree is SO much more likely to get pursued and you getting arrested.

    And I guess you don't think the police are smart enough that when he identifies you to check to see if you swore out a complaint against him, huh? They do have computers now.

    Shall we discuss why you were driving on a suspended license?
  • 09-06-2011, 03:59 PM
    cdwjava
    Re: Potential Assault With a Deadly Weapon Charges
    Ah, heck .... You let the cat out of the bag! I was waiting for him to tell us how he was going to remain anonymous and then bring that up!

    He had better hope the victim doesn't report the beating. And, if he is a thief or local derelict criminal, he may not. But,our OP still has some serious issues.
  • 09-06-2011, 04:08 PM
    cyjeff
    Re: Potential Assault With a Deadly Weapon Charges
    Bets on whether or not he took the time to kick his victim in the junk after the beating with the bat?

    Even better... bets on whether or not he took PICTURES ON HIS CELL PHONE of his victim afterwards?

    I give our violent felon here about 30 days before he does something stupid enough to get caught.
  • 09-06-2011, 04:09 PM
    cyjeff
    Re: Potential Assault With a Deadly Weapon Charges
    Quote:

    Quoting cdwjava
    View Post
    Ah, heck .... You let the cat out of the bag! I was waiting for him to tell us how he was going to remain anonymous and then bring that up!

    He had better hope the victim doesn't report the beating. And, if he is a thief or local derelict criminal, he may not. But,our OP still has some serious issues.

    Sorry, didn't mean to kill your big finish!
  • 09-08-2011, 12:36 AM
    bubba1
    Re: Potential Assault With a Deadly Weapon Charges
    So, it's been about 3 days.

    No warrants in the warrant database. Called the court-house. Nothing.

    Am I safe? or do I still need to worry?

    I get it guys. Lesson learned. Don't be a idiot.
  • 09-08-2011, 05:17 AM
    free9man
    Re: Potential Assault With a Deadly Weapon Charges
    No, you are not safe. Yes, you still need to worry. They have until the statute of limitations runs out to charge you.

    Oh, and if the guy tracks you down and beats the crap out of you with a baseball bat after pepper spraying you? I wouldn't recommend you call the cops. While they may arrest him at that point, they would be happy to arrest you as well if he reported your attack on him prior to pounding on you. At that point as long as you're not injured or bleeding, you might as well call the whole thing even and let it go. Just don't forget that some folks these days react badly to being attacked in such a cowardly manner. He just might go get a gun and come looking for you. It's not like when my generation was your age. Back then, you had a problem and you duked it out. When the fight was over, the problem was over. Youngsters today don't play that way.

    Happy looking over your shoulder for the rest of your life!
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