Weapons, Guns, Firearms Assault with a deadly weapon

[create167]

My Husband is being charged with assault with--name removed--deadly weapon (his hands), they dropped it down to--name removed--misdemeanor, but he was already on probation...so he has the violation of probation charge against him also. His bail is 10,000 and they already offered him 210 days, he is trying to fight it because he says it was self defense, What would be the maximum sentence he could receive? What is the probablity they will offer him 210 days again even though he turned it down once? This case in Orange County, CA and I heard they try to give the maximum sentence possible is that true? Also what could be the minimum sentence? What would most likely happen in his case

 

[seniorjudge]

It sounds to me as if he is going to jail for some period of time.

Is 210 a lot less than what he might otherwise get?

 

[create167]

Everyone is telling him that they can give him anywhere from 16 months to 3 years. He has court tomorrow and the witnesses are supoenad to go. And the other person. The other person is making up things but when the witnesses were first questioned they said they had their back turned and didn't see because they didn't want to get involved so it is basically my husbands word against the other guys. What will happen if the other guy doesn't show up? I know My husband will serve time either way for the probabtion violation so would it be better to just go for the 210 days?

 

[seniorjudge]

Is 210 a lot less than what he might otherwise get?

 

[create167]

If they find him guilty they will give him anywhere from 16 months to 3 years. I don't know if they are trying to scare him into pleading guilty and just go for the 210 days but everyone is saying he will get more time if he doesn't sign for the 210. Would that be wise to sign for the 210 and plead guilty even though he says it was self defense?

 

[seniorjudge]

Q: Would that be wise to sign for the 210 and plead guilty even though he says it was self defense?

A: He can't plead guilty if he is not guilty. He should talk this over with his lawyer. Maybe your state recognizes "no contest" pleas which means he thinks he will be found guilty so he's going to plead to it anyway.