In A Fight While On Felony Probation

im in california



im on felony probation for assult, im almost done with it, never been in trouble yet. i was jumped last sat, we ended up wining though, them not knowing i had 5 other friends in the store that are marines. so i picked up a ne misdemeaner charge for battery, theres no warrant only a civil arrest. now i have sole custady of my daughter. ive contacted a lawyer, just wana know what i might be looking at? i mean i really was defending myself.

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Quoting elliesdaddy

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im on felony probation for assult, im almost done with it, never been in trouble yet. i was jumped last sat, we ended up wining though, them not knowing i had 5 other friends in the store that are marines. so i picked up a ne misdemeaner charge for battery, theres no warrant only a civil arrest. now i have sole custady of my daughter. ive contacted a lawyer, just wana know what i might be looking at? i mean i really was defending myself.

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What happened that you refer to as a "civil arrest"?

So, you were arrested for battery? Then that is a misdemeanor (PC 242).

A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.

Whether you will prevail at trial will depend on a lot of details that are missing here. You can speak to your attorney about that.

- Carl

From what you are describing, it sounds as though you were arrested for battery. You also stated that you are on felony probation for assault. If this is the case, you potentially have two cases.

1st case: new battery charge
2nd case: probation violation because you are on felony probation for assault. As part of your probation, you were ordered not to violate the law. Hence, the battery arrest would constitute a violation.

As far as what you are looking at ...this is where it can get a little complicated. As Carl stated, misdemeanor battery is punishable by imprisonment in county jail of up to 6 months and/or a fine of $2000.

But this isn't just a misdemeanor battery charge anymore because of the fact that you are on felony probation for assault, which, of course, is another crime of violence.

So in order to properly assess your situation, the following questions need to be answered:

1. What court is your probation out of?
2. How long ago were you put on probation?
3. What was your sentence on the felony assault case?
4. Is the new battery case out of the same court or not?
5. Have you been notified regarding a probation violation case?
6. If you have a probation officer, does that PO know about the new arrest?
7. If PO knows, what have you been told, if anything?

A more important question is, if you have contacted an attorney, has the attorney made you aware of any of these issues or answered the above questions for you. Violating a felony probation can expose you to great consequences and must be handled carefully. The fact that you are almost finished with probation and haven't had a violation is an argument in mitigation of any possible violation. You have sole custody of your daughter ...it is imperative that your case be evaluated properly!

In any case, if your attorney hasn't gone over these issues with you, you may want to speak with new counsel. Any experienced criminal defense attorney should see this stuff immediately!