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CalAttorney2, Attorney
Category: Criminal Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My son was charged with 18 2701(A3) and 18 2709(1). What is

Customer Question

My son was charged with 18 2701(A3) and 18 2709(1). What is the severity of these charges and what could be the penalties?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CalAttorney2 replied 1 year ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Customer: replied 1 year ago.
Thank you
Expert:  CalAttorney2 replied 1 year ago.

I am sorry to learn of your son's situation. I am very happy to see that you have retained an attorney to defend your son in this matter - your son should remember to follow their attorney's instructions, particularly with regards ***** ***** when to speak to law enforcement or the court - or which questions to answer at all. He should not speak to anyone else regarding his matter until it is concluded.

Regarding these offenses:

The first is a simple assault, depending on how the prosecutor charges this it is most likely going to be a misdemeanor charge which carries up to a year in jail, a fine, and probation (usually up to 3 years).

The second is "harassment", again, this carries possible jail time (but not usually imposed), a fine (more common), and probation.

Community service, or diversion programs may be utilized as alternatives when your son's attorney attempts to negotiate a plea with the prosecutor - assuming that your son is not pushing to get the matter put to a trial (contesting the sufficiency of the state's evidence, or challenging some other issue (such as a procedural matter).

Many times it is possible in a plea negotiation to get the charges reduced using a "lesser included offense" so that your son will not have an "assault" listed on his record, but rather something more mundane charge (I cannot tell you what the DA would agree to - this varies based both on the facts of your son's case and the local DA's policies).