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  1. #1
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Residential Burglary and Assault with a Deadly Weapon

    This is also a first strike offense (assuming he has no priors). It is a burglary because they are assuming he made entry with the intent to commit felony assault upon the resident. That assumption is likely founded upon the fact that he broke the window, made entry, and then proceeded to assault the resident with his helmet. No, he cannot argue "self defense" ... at least, it is not likely that the court will consider that since he really has no right to defend himself once he forced entry. In fact, had the resident shot him, the resident would have been within his legal rights.

    In this case, I suspect that a public defender will be able to work out a plea deal just as well as a paid attorney. I don't see that there's any case worth taking to trial. The only issue here is how good a deal can be made and whether it can be pled down to something that till keep him out of state prison.

    - Carl

  2. #2

    Default Re: Residential Burglary and Assault with a Deadly Weapon

    I agree with cdwjava (yah I know, first time for everything). By him entering the residence in the manner he did, he is completely in the wrong and is actually lucky to be alive. Why would you go to talk to someone and then break into their house? I am going to take a wild guess and say it is your ex-boyfriend or some romantic interest in your life. He is looking at prison time and he had better pray for a great plea deal. Having two felonies like this is not going to look good if it goes to trial. It seems open and shut. Hopefully the public defender can come up with something good for him, but dont count on it.

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