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How much jail time for assault with a deadly weapon?

It wasn't a gun - was a shovel they said I used. Guy got 20 stitches and a broken wrist. He hit me first. I picked up shovel to defend myself. Dont' have a lawyer yet. How much will one cost and how long will this take to fight? Will I go back to jail?

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    Francis John Cowhig | Universal Law Group, Inc.
    430 S. Garfield Avenue
    Alhambra, CA 91801
    (626) 308-9936
    Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. You are looking at a minimum of 1 to 3 years in jail. The answer to your other questions will depend on many unknown facts and factors.
    Answer Applies to: California - Replied: 3/26/2013
    Steven Alpers | Steven Alpers
    39300 Civic Center Drive #110
    Fremont, CA 94538
    (510) 792-5110
    I cannot answer your questions other than what I would charge. I would want a retainer of at least $5,000.00 There could be additional fees which could easily run over $20,000.00. ( That would be in the Bay Area). Some depends on you and some on the alleged victim? and the DA. If you were hit first, or then you have a right to defend yourself proving your defense could take a short time or it may come to a decision only after a trial. T here are many factors which I cannot and will not evaluate over the internet because your confidentiality could be compromised.
    Answer Applies to: California - Replied: 3/26/2013
    Terry Nelson | Nelson & Lawless
    2134 Main St., #130
    Huntington Beach, CA 92648
    (714) 960-7584
    The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, defenses, sympathies, etc. Every crime carries potential time upon conviction. You'll learn the actual charge[s] filed and any enhancements, priors, or violations alleged, and get copies of all the police reports and prosecutors? evidence when appearing for arraignment at the first court hearing. The charges actually filed by the prosecutor will determine how much time could potentially be imposed. Felonies carry one or more years in prison. When charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential time, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. Your self defense claims and facts are a critical issue in this process.
    Answer Applies to: California - Replied: 3/26/2013
    Eric Sterkenburg | Law Office of Eric Sterkenburg
    16478 Beach Boulevard, No. 329
    Westminster, CA 92683
    (562) 477-6940
    Assault with a deadly weapon is a violation or Penal Code Section 245. This reads as follows; 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. You could also be charged with BATTERY PENAL CODE SECTION 242. This reads as follows; 242. A battery is any willful and unlawful use of force or violence upon the person of another. (d) When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
    Answer Applies to: California - Replied: 3/26/2013
    Maurice Ross | Barton Barton & Plotkin
    420 Lexington Avenue
    New York, NY 10170
    (973) 896-7190
    You are being charged with Assault in the First Degree, a Class B Felony. If this is your first offense, jail time is a minimum 5 to maximum 15. If you have prior offenses involving violence the jail time you face could be higher. However, you may have valid claims of self-defense, and since a shovel was involved rather than a gun we may be able to knock down the charges significantly. This is a serious case, with severe injuries and, therefore, you definitely need a lawyer. You should retain counsel immediately and do not talk to anyone about this case until you do so-it is critical that you maintain silence and talk about the case only with your lawyer. Note that if this is not your first offense (and it sounds like you have already been in jail), this will be much more difficult, particularly if you have any prior convictions for offenses of violence. You definitely face the possibility of jail, although depending on your personal history and past record, we may be able to get you into some kind of violence management program. Until I meet you and know more about your history, I cannot estimate cost and time. My guess is that this will take three to six months to resolve. Your initial retainer for counsel will be at least $25,000, but I suspect this might cost more, depending on your background and whether you want to present a self-defense case at trial. If we go to trial, obviously it will cost more.
    Answer Applies to: New York - Replied: 3/26/2013
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