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You are currently reading a thread in /adv/ - Advice
You are currently reading a thread in /adv/ - Advice
Hey /b/. Any law fags here? I need some advice. So my stepdad is being charged with assault with a deady weapon (knife). He did not stab or hit anyone, only words were exchanged. I don't know all the specifics but they are saying that he held the knife to the mans shoulders, and there is a witness that is agreeing with the story that the knife was held to the mans shoulder. My stepdad already has 2 strikes, and they are trying to charge this as a strike meaning this will be his 3rd, so they are trying to give him 20 years. Is there anyway to fight these charges? Or any advice on what to do? I am from California.
>trying to give him 20 years
get a fucking lawyer
It's called a lawyer. If he can't afford one, he will be given one. This isn't your battle to fight, it's his.
>two priors
>step dad
Your family is trash and society is better off if he's locked up. Try to not be like him and instead become a respectable citizen.
>>16894168
Well for starters you're going to have to question the credibility of said witness. If they are just a bystander then it will be difficult.
Claiming self defense would be a smart decision. The prosecution will have to prove that it wasn't self defense.
First thing to remember is when you are defending yourself you can choose to remain silent. Plead the fifth, or choose to deny any evidence. The prosecution is the side that has to provide evidence. The defense doesn't have to prove their innocence.
So you need to make a good story for why your step dad held a knife at someone's throat and why it was self defense. Then, you'll have to see what the witness said, and if the witness has any relations with person charging your stepdad.
A good way to undermine a witness is to make them look like they are liars or like the information that they do have is useless. In this case, if "He held a knife on his shoulder" is all the witness had to say then ask why it wasn't the neck? Why the shoulder? Would you hold a knife at someone's shoulder if you were trying to hurt them or would you hold it at the neck? If you were in a situation where you had to defend yourself with a knife would you hold it at the neck or try and intimidate the aggressor?
Things like that.
Would help if you found out more about the guy you stepdad dealt with. But these are just my two cents. I'm no lawyer, but I want to be one.
>>16894356
>First thing to remember is when you are defending yourself you can choose to remain silent. Plead the fifth, or choose to deny any evidence. The prosecution is the side that has to provide evidence. The defense doesn't have to prove their innocence.
That's true, but a judge and jury are free to make inferences if someone just sits there and does nothing, and they often do.
And anyway, all of what you said is of no use to OP. He's not his stepdad's lawyer, he's not the one defending him. The lawyer will know everything you said, and more.
