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  1. #1

    Default Charged with Assault With a Deadly Weapon While Defending Myself

    My question involves criminal law for the state of: CALIFORNIA

    One recent mourning I was severely intoxicated after partying all night. I wanted to get another drink so I headed on foot to a local liquor store. On the way there a hooker approached me and invited to come along and party at her place. I was really out of it but I followed her to her place anyways. After little flirting she reached into my back pocket and pulled out my wallet. I confronted her and told her to give back my stuff. After that she grabbed bear mace and sprayed me all over. Then a man came in from a side door with a knife swinging. I was burning and hurting and backed into a corner. Somehow I've managed to notice a laptop by where I was. I've grabbed that object and started swinging protecting me from knife attack. I've sustained several minor cuts on my wrist and my palm, as well as several bruises on my forearm from defending myself. I've also managed to hit the guy on the head few times with laptop while defending myself. After, I somehow managed to get to the outside door. When I came outside, cops were there and arrested me for AWD. What do I do? Do I have the chance to beat this? I told em the story but they still took me in. Why? They never took pictures of any of my injuries and treated me like crap. I have several felonies in the past for which I'm presently on a formal probation. None of my prior arrests or felony charges have ever involved any kind of assault or battery or any sort of violence for that matter, as I'm not a violent individual. I am a victim in this case, not a perp., so why do I get treated in this manner. Any advise will be greately appreciated. Thank you.

  2. #2

    Default Re: I Was Charged with Assault W Deadly Weapon While Defending Myself

    Part of it probably stems from being in the course of COMMITTING a crime while the wallet theft crime was being committed against you (you DO know that prostitution is illegal, right? and when you KNOW someone is a prostitute, and you go to "party" with them...and accompany them to "their place"....you know how that looks, right?).

    Here's another clue: the "man who came in through the side door". Translation: pimp. What do pimps do? They fight on behalf of their prostitutes when people confront them. The pimp doesn't care if you had reason to be mad over her picking your wallet, he doesn't want you damaging the merchandise. Part of the problem with alcohol is that it clouds your judgement. Bad news when you're on probation and need to be keeping your nose really clean.

    Having a criminal history probably didn't help you, and being on probation was an automatic arrest for you, even without the knife vs. computer fight with the pimp. Even if the pimp never existed, the fact that you were with a prostitute would have been enough to violate your probation. And, it's probable that your formal probation says you're not supposed to be drinking, either. Get an attorney or ask for one to be appointed for you. Give up the sauce.

  3. #3

    Default Re: I Was Charged with Assault W Deadly Weapon While Defending Myself

    Yes, I realize that wasn't the brightest idea on my part to follow the girl, or even drink that much, or even come out of my house in that particular state.
    However, there was no discussion of any kind of money for sex arrangement. It was like basically a woman saw me in my drunk state, mind you that I'm a very impressionable man that usually stands out in the crowd. I tend to wear expensive jewelry, clothes that's noticeable by others. If I'm in that state of intoxication, anyone up to no good shall notice and pick me out in the crowd for a robbery or street mugging.
    So, yeah I partied and got very drunk and yeah I felt like a woman, I'm a man afterall. I see the situation as being taken advantage of, robbed and attacked and I can not defend myself?! Should I just let the guy slilce my throat and let the hooker take my wallet? Then get arrested for it? Something is wrong with this picture. How come the hooker or the pimp weren't arrested? How come I'm blamed for it all?
    Do I even have a chance here or is it a definite prison time?

    Thanks again for your help.

  4. #4

    Default Re: I Was Charged with Assault W Deadly Weapon While Defending Myself

    The big hurdle is that no matter how good of an arguement you have or can describe what THEY did to you, when you're staggering drunk, you have no credibility - not with police at the scene, and not much more with the court at a later time. Sober people can lie more convincingly than drunk people can tell the truth. Not right and not fair - but pretty predictable. I'm sure the version of events that THEY gave police differed substantially from yours - and, they were probably the ones who called police and reported a crime (the odds that police just happened to miraculously be outside the door you exited are pretty slim).

    How much chance is something that only your attorney can answer once the exact charges are known, and once the statements from the other people on the scene are evaluated.

  5. #5
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    Default Re: Charged with Assault With a Deadly Weapon While Defending Myself

    Quote Quoting ImInocentMan
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    One recent mourning I was severely intoxicated after partying all night.
    Dumb move number one.

    I wanted to get another drink so I headed on foot to a local liquor store. On the way there a hooker approached me and invited to come along and party at her place.
    Dumb moves numbers two and three.

    When I came outside, cops were there and arrested me for AWD. What do I do? Do I have the chance to beat this? I told em the story but they still took me in. Why?
    Apparently because they didn't buy your version of events and they bought whatever story was being told by the other people. Besides, by your own admission you were "out of it", so your recollection of events is going to be a tad less reliable than theirs.

    They never took pictures of any of my injuries and treated me like crap.
    You were sloppy drunk and probably argumentative, so they likely just blew you off. That's the problem when you drink too much and get rolled, your story becomes unbelievable and your credibility goes into the dumper.

    I have several felonies in the past for which I'm presently on a formal probation.
    Of course that just adds to the general lack of credibility.

    I am a victim in this case, not a perp., so why do I get treated in this manner. Any advise will be greately appreciated. Thank you.
    At this point all you can do is let your attorney handle the case as he or she can. Certainly you can make a case for self defsne, but whether that will fly or not will really depend upon the other parties. if they have records similar to yours, then their credibility will be bad as well, and it could be that the DA will drop the matter. However, if they are good witnesses with minor or no records, then you could be in trouble.

    However, there was no discussion of any kind of money for sex arrangement.
    But ... you wrote: "On the way there a hooker approached me" ... that sort of implies that you were aware she was a hooker. ergo, that she has sex in exchange for money.

    Should I just let the guy slilce my throat and let the hooker take my wallet? Then get arrested for it? Something is wrong with this picture. How come the hooker or the pimp weren't arrested? How come I'm blamed for it all?
    Probably because they were not drunk and their story was more believable than yours at the time. I'll bet that no mention of a knife came out of their lips unless it was to defend themselves from you, and I'll bet their story has you going nuts and attacking them. But, you'll find out when your attorney gets the police report in discovery before trial.

    Do I even have a chance here or is it a definite prison time?
    Certainly you have a chance. If they have records similar to yours, or come of non-credible, this case is not going anywhere.

    I'd recommend you take this as a life lesson, but something tells me that you probably have not learned anything from all of this.

    - Carl

  6. #6

    Default Re: Charged with Assault With a Deadly Weapon While Defending Myself

    Thank you for all of the information. This is definately a good eye opening reality check for me. I never drink that much nor have I've done anything that stupid in the prior. Now that it happened, it really shook me and changed my view of life.

    Actually, there's more. The hooker end up being some kind of transvestite, not even a real woman that I didn't spot immediately, again due to being too drunk. Barely speaking English and high on meth. I doubt this individual has a clean record and I'm pretty sure they're not even on a legal status here in US.
    Additionally, its not them that called cops, but the neighbor that heard the rumble in the jungle.

  7. #7
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    Default Re: Charged with Assault With a Deadly Weapon While Defending Myself

    Quote Quoting ImInocentMan
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    Actually, there's more. The hooker end up being some kind of transvestite, not even a real woman that I didn't spot immediately, again due to being too drunk. Barely speaking English and high on meth. I doubt this individual has a clean record and I'm pretty sure they're not even on a legal status here in US.
    Additionally, its not them that called cops, but the neighbor that heard the rumble in the jungle.
    None of which helps your situation.

    Oh ... and how do you know he/she was "high on meth."? You were wasted by your own admission. Apparently the cops didn't think so. Even if they had been that doesn't make you any less guilty.

    If these "victims" are lowlifes, chances are your attorney can get the issue dropped or at least pled down to a lesser offense.

    - Carl

  8. #8

    Default Re: Charged with Assault With a Deadly Weapon While Defending Myself

    The reason that I know is by the fact that it was offered to me and additionally I saw paraphernalia inside the place.
    I personally do not, nor ever engaged in such activities as I prefer alcohol and alcohol only. Now I've given up the boose too, as I now clearly see the consequences of my actions while being under influence.
    Anyways, thanks for all your advice Carl.... and please don't judge me, as I'm sure you don't like to be judged yourself... We all make mistakes.... To be human is to make mistakes.

  9. #9
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    Default Re: Charged with Assault With a Deadly Weapon While Defending Myself

    Pointing out your errors is not judging you. If you have learned from your errors, good for you. The point remains that you have to deal with the situation as presented and not worry about whether or not the prostitute was a he/she or whether they had been using dope or not.

    Good luck.

    - Carl

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