This is topic who has been charged for ADW? in forum General Talk at Northern California Ford Owners  .


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Posted by 90LXdiaz (Member # 10265) on :
 
anybody has been charged for assault with a deadly weapon?
CA penal code 245 a.1? what were the consequences?
 
Posted by NEIGHT (Member # 8741) on :
 
Fun time behind bars, its koo kuz all the homies in there anyways.
 
Posted by C6Z06s_own_50Deep (Member # 5888) on :
 
quote:
Originally posted by 90LXdiaz:
anybody has been charged for assault with a deadly weapon?
CA penal code 245 a.1? what were the consequences?
only on CaFORDS would you see a post/thread created like this.... [Big Grin] [Big Grin] [Big Grin] [Big Grin]
 
Posted by LILstock3valve (Member # 4702) on :
 
State time bro. Better get a good lawyer. That's a striker right there. What previos chargers/convictions you got. Good luck man
 
Posted by dirty money inc (Member # 7277) on :
 
I have 20 years ago i got a good lawyer an got drop but plead guilty to some other chagers an did six months
 
Posted by 90LXdiaz (Member # 10265) on :
 
its my first offense at anything.

got in a confrontation (road rage) i didnt hit anyone but i pulled out a pipe. police did come but i didnt get arrested though
 
Posted by macthizzle (Member # 3492) on :
 
i would say maybe probation and anger management classes
 
Posted by x42bnx (Member # 9529) on :
 
diaz do you go to chabot?
 
Posted by 90LXdiaz (Member # 10265) on :
 
yessir i go to chabot. i was in your industrial math class last semester man.
 
Posted by 90LXdiaz (Member # 10265) on :
 
shoot...hopefully just probation and community service. i got too much to lose rite now

i should have assaulted more when i was a youngster lol
 
Posted by 88gotbarz?lx (Member # 9072) on :
 
I had anger management and a diversion program. But yeah it a strike.1st offense your good. they always give u a tap on the wrist for the newbiee. Prob a couple days in county and probation at most.
 
Posted by SPECIALTY15***MM PERFORMANCE*** (Member # 2978) on :
 
wrong! they can not give u assult with a deadly weapon if u never hit anyone with it.. they can get u for terrist threats or intent to do bodily harm..or whatever its called.. i say get a lawyer..once u prove that u never hit anyone then charges will be dropped or a plea for a lesser crime will be offered!
 
Posted by SAV650HAB (Member # 10324) on :
 
quote:
Originally posted by SPECIALTY15***MM PERFORMANCE***:
wrong! they can not give u assult with a deadly weapon if u never hit anyone with it.. they can get u for terrist threats or intent to do bodily harm..or whatever its called.. i say get a lawyer..once u prove that u never hit anyone then charges will be dropped or a plea for a lesser crime will be offered!
+1 how they gonna charge you with assault if you didn't assault anyone [Confused] i can tell you this your definetly not going to jail cause you would've already been there in the first place with that charge, trust me i no been there done that.
 
Posted by 70mach351 (Member # 7528) on :
 
maybe a cop will jump in to help out. but i believe assault with a deadly weapon would be the intent of using a weapon or hitting someone, the degree of your sentance will be based off whether you hit someone or threatened to hit someone. Look it up online or contact a lawyer. IF you hold up a weapon like your going to hit someone it can be aggravated assault with a deadly weapon.
 
Posted by 70mach351 (Member # 7528) on :
 
quote:
Originally posted by SAV650HAB:
quote:
Originally posted by SPECIALTY15***MM PERFORMANCE***:
wrong! they can not give u assult with a deadly weapon if u never hit anyone with it.. they can get u for terrist threats or intent to do bodily harm..or whatever its called.. i say get a lawyer..once u prove that u never hit anyone then charges will be dropped or a plea for a lesser crime will be offered!
+1 how they gonna charge you with assault if you didn't assault anyone [Confused] i can tell you this your definetly not going to jail cause you would've already been there in the first place with that charge, trust me i no been there done that.
he can get an assault charge without touching someone, when he touches them doesnt it become battery?
 
Posted by SAV650HAB (Member # 10324) on :
 
who's pressing the charges the other person or the D/A? and what county was this in that might help alittle more.
 
Posted by fredfifty (Member # 10320) on :
 
Waving a pipe and not hitting them is assault, striking them is battery...
 
Posted by phil a (Member # 6951) on :
 
quote:
Originally posted by SPECIALTY15***MM PERFORMANCE***:
wrong! they can not give u assult with a deadly weapon if u never hit anyone with it.. they can get u for terrist threats or intent to do bodily harm..or whatever its called.. i say get a lawyer..once u prove that u never hit anyone then charges will be dropped or a plea for a lesser crime will be offered!
You don't have to hit anyone to be charged with assault, you're thinking battery
 
Posted by AL STOCK (Member # 1852) on :
 
Most likely case will be dropped due to lack of evidence.

You didn't hit anyone, all you did was grab a pipe. If anything, it will get dropped down to "threatening with a weapon".


[patriot]
 
Posted by solbrothers (Member # 7524) on :
 
-
 
Posted by 90LXdiaz (Member # 10265) on :
 
^^^ LOL^^^

this was in alameda county

the incident happened at my college parking lot. i pulled out a small pipe but the idiot i was got into a confrontation with told campus security that i "pulled out a shotgun" so they contacted Livemore PD. otherwise, campus security would have just taken care of the incident themselves.

im a noob at arrests but the cop was saying its a felony to have a pipe in my car and pulling it out on someone. then again he didnt say anything bout me going to court nor did he arrest me. all he did was take the pipe away and let me go.

werent they supposed to give me a notice or a ticket or something rite there?
or it comes in the mail?

i know the campus might ban me from going there again but the cops didnt say anything

[ March 30, 2011, 08:10 PM: Message edited by: 90LXdiaz ]
 
Posted by NASTY88 (Member # 9969) on :
 
he didnt pull anything out on you and you pulld out the pipe?
 
Posted by 90LXdiaz (Member # 10265) on :
 
big dude plus his buddys were behind me
 
Posted by NASTY88 (Member # 9969) on :
 
quote:
Originally posted by 90LXdiaz:
big dude plus his buddys were behind me
so he had a few friends but when u pull out a pipe he lets security know and says its a shotgun wtf is wrong with people
 
Posted by 707notchback jaejae (Member # 7958) on :
 
dnt plead guilty to ANYTHING..self defense..dnt let the fuckin d.a try an play you..get a lawyer..no public pretenders!! [Mad]
 
Posted by fredfifty (Member # 10320) on :
 
Did u get a report number or anything? Sounds like it was just a verbal warning. No court.
 
Posted by NASTY88 (Member # 9969) on :
 
quote:
Originally posted by fredfifty:
Did u get a report number or anything? Sounds like it was just a verbal warning. No court.
+1 if you were "charged" they wouldnt let u no in the mail you would have been booked
 
Posted by 88gotbarz?lx (Member # 9072) on :
 
Hey I got charged And I didn't even pull a weapon out until the officer searched me. defendants dropped charges but then were picked up by d.a , all in all it was hectic and not to mention stressing!! But it was my first offense and look I was facing 245 (a) and 245(b). [Eek!] thank god everyday [Cool] [Cool]
 
Posted by SLOWSN95 (Member # 8269) on :
 
If they let you go I'm assuming that they didn't write anything down. If there were no notes taken then I think you may be ok. Since they said that you had a "shotgun" did the cops search the car or anything?
 
Posted by SmokinLX (Member # 1684) on :
 
If You did'nt do to much talking on the scene then a lawyer should be able to get this thing knocked way down. Lawyer could make up all kind's of reason's a pipe was in Your car aslong as it is'nt fashoned into a weapon. Next time grab a tire iron.
 
Posted by 50Reasons (Member # 6452) on :
 
quote:
Originally posted by 707notchback jaejae:
dnt plead guilty to ANYTHING..self defense..dnt let the fuckin d.a try an play you..get a lawyer..no public pretenders!! [Mad]

 
Posted by rgtrahn (Member # 7133) on :
 
Several things here... First, it is not uncommon to only take a crime report at the time of an incident and then forward it to the district attorney's office for prosecution. If at that time, the DA's office decides to pursue a case, a warrant would be issued and an arrest would follow.

Second, I don't have all the facts, but I am surprised PC 12020 was not mentioned. You cannot lawfully go around carrying a pipe used for protection in your vehicle.

Third, ASSAULT is defined as,
Whenever one person makes a willful attempt or threat to injure someone else, and also has an apparent, present ability to carry out the threat such as by flourishing or pointing a dangerous weapon or device at the other. An "assault" may be committed without actually striking or injuring another person

From what you yourself described, this clearly fits the elements of 245(a)(1). I am not familiar with Alameda County, but as a first time offender you may be able to make a deal and avoid a strike. If I was you, I would do whatever I could to avoid a felony conviction and strike on your record; even if that meant jail time. As others said, get a good lawyer... FYI, It's a true statement that what you say will be used against you.

[ March 31, 2011, 12:18 AM: Message edited by: rgtrahn ]
 
Posted by rgtrahn (Member # 7133) on :
 
quote:
Originally posted by 90LXdiaz:


the cop was saying its a felony to have a pipe in my car and pulling it out on someone.

I just reread what you had posted,

This is the PC 12020 charge I was talking about...It's a wobbler and can be charged as a Felony or Misdemeanor. It very well could be the scenario I said, the officer took a report as well as the pipe for evidence and forwarded it the DA to make a decision. Like said, that is not uncommon. On the other hand, the officer may have just admonished you about the PC 12020 and PC 245. Either way, it should be a lesson to let things go... I'm sure whatever the scenario was that led up to the road rage incident wasn't worth all this grief! It's very possible you could be facing 2 felony charges, plus you were on school grounds. DA's don't mess around with stuff like that in this day and age!
 
Posted by stanger50_vet (Member # 1665) on :
 
quote:
Originally posted by 90LXdiaz:
shoot...hopefully just probation and community service. i got too much to lose rite now

i should have assaulted more when i was a youngster lol
Should of thought about that before you stopped, jumped out of the vehicle and branished a pipe towards someone.
 
Posted by graylx (Member # 3919) on :
 
quote:
Originally posted by rgtrahn:
Several things here... First, it is not uncommon to only take a crime report at the time of an incident and then forward it to the district attorney's office for prosecution. If at that time, the DA's office decides to pursue a case, a warrant would be issued and an arrest would follow.

Second, I don't have all the facts, but I am surprised PC 12020 was not mentioned. You cannot lawfully go around carrying a pipe used for protection in your vehicle.

Third, ASSAULT is defined as,
Whenever one person makes a willful attempt or threat to injure someone else, and also has an apparent, present ability to carry out the threat such as by flourishing or pointing a dangerous weapon or device at the other. An "assault" may be committed without actually striking or injuring another person

From what you yourself described, this clearly fits the elements of 245(a)(1). I am not familiar with Alameda County, but as a first time offender you may be able to make a deal and avoid a strike. If I was you, I would do whatever I could to avoid a felony conviction and strike on your record; even if that meant jail time. As others said, get a good lawyer... FYI, It's a true statement that what you say will be used against you.
This is most correct. From the California Penal Code:

245. (a) (1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.
 
Posted by SAV650HAB (Member # 10324) on :
 
it's pretty clear he was not charged and let go.
 
Posted by warhorse58gt (Member # 7702) on :
 
why the hell did you need to bring a pipe out for? if your so bad ass that you wanted to stop and do something about it.. why did you needed to pull out a pipe? straight bitch move right there! [patriot] 1 either let that shit go.. or 2 get out and handle it like a man with just your fists..
 
Posted by fredfifty (Member # 10320) on :
 
OP was outmanned and outsized as said by his previous post...
 
Posted by stanger50_vet (Member # 1665) on :
 
quote:
Originally posted by warhorse58gt:
why the hell did you need to bring a pipe out for? if your so bad ass that you wanted to stop and do something about it.. why did you needed to pull out a pipe? straight bitch move right there! [patriot] 1 either let that shit go.. or 2 get out and handle it like a man with just your fists..
[Big Grin]
 




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