Solid defenses for Battery (criminal, not tort)?
so my buddy, some friends, and out GF's are out at a concert in a pretty sizebale bar. We are adjectives standing there I am talking to my buddy, the girls are discussion together and we notice them talking to some guy who looks possibly trashed. Keeping an eye on him we dont thin anything of it, neither of the girls signal to us or look uncomfortable, possibly they knew him. After a while a a couple more beers later, I concentration the guy go for the arm around my buddy's girl's waist, she doesnt like this and turns to look at us, she wiggle to get out of it, he seems to not motice or clamp harder. My Bud go aver to talk to the guy and admittedly gets for a while mouthy with him. The other guy swung at my buddy and my bud swung back and hit him square within the face. They brawl for a bit and the bouncers break it up. The cops come and take my buddy to penal complex on battery charges and the other guy goes to the hospital near probably a broken nose.
Any lawyers out in that with any advice as to the winnability on any side? My bud is a premed guy and would probably be screwed with a conviction, he plans to lawyer up unless a public ally would just be the best option.
Answers:
If the other guy threw the first punch, after you have no problem, since it was within self-defence.
For one, it is NOT self defense. If friend should own walked away once he was hit. Instead, he have to "act" like a tough guy and hit the guy back. Both are probably going to be found guilty.
Your buddy is going to involve a lawyer. Lawyering up is possibly the best thing he can do aside from keeping his mouth firmly shut.
Despite what others devise, a criminal conviction for battery will harm your friend down the road, because he would enjoy a hell of a time getting hired by a hospital or even getting internship/residency.
The best bet for the defense is most likely going to be to have your friends report statements of whom punched first. The prosecutor, if presented with overwhelming evidence of self defense, generally won't want to proceed near the case.
Regardless, you need an attorney. I am not a appendage of the bar in your jurisdiction, nor is most of Answers.
Every one has a right to defend themselves. When a come to blows has broke out, the police have no other choice but to heave both parties to jail. Its sounds stupid but its canon in the US. I'm not familiar next to other countries laws.
Your friend can use the "self-defense" because that's what he was doing. The other guy that swung at him first should hold been arrested for disorderly conduct and public intoxication, creating a menace and assault.
Some public defenders are great lawyer. Give them a chance. Its your right to a defense so in court they'll ask him if he requirements his own lawyer or a court appointed one. If he qualifies receive a court appointed lawyer. His lawyer should own a copy of the police report.
Have all the witnesses who was the scene any testify for him or write notorized statements. Testifying would be best because some judges don't accept statements because they can't be "cross-examined"
If he is convicted of this crime, it will remain on his criminal narrative for a certain amount of years. it depend on what classification the crime is. In my state, a Class A misdemenor is on your record for 3 to 5 years. A felony 7 years previously getting it expunged.
Any decent lawyer can grasp your friend off or have it lowered down to almost zilch. I know I could do it for him.
You try to do something honorable and you get kicked in the teeth for it. No wonder ancestors don't like getting involved.
Tell your friend good luck:) Hope this info help.
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Any lawyers out in that with any advice as to the winnability on any side? My bud is a premed guy and would probably be screwed with a conviction, he plans to lawyer up unless a public ally would just be the best option.
Answers:
If the other guy threw the first punch, after you have no problem, since it was within self-defence.
For one, it is NOT self defense. If friend should own walked away once he was hit. Instead, he have to "act" like a tough guy and hit the guy back. Both are probably going to be found guilty.
Your buddy is going to involve a lawyer. Lawyering up is possibly the best thing he can do aside from keeping his mouth firmly shut.
Despite what others devise, a criminal conviction for battery will harm your friend down the road, because he would enjoy a hell of a time getting hired by a hospital or even getting internship/residency.
The best bet for the defense is most likely going to be to have your friends report statements of whom punched first. The prosecutor, if presented with overwhelming evidence of self defense, generally won't want to proceed near the case.
Regardless, you need an attorney. I am not a appendage of the bar in your jurisdiction, nor is most of Answers.
Every one has a right to defend themselves. When a come to blows has broke out, the police have no other choice but to heave both parties to jail. Its sounds stupid but its canon in the US. I'm not familiar next to other countries laws.
Your friend can use the "self-defense" because that's what he was doing. The other guy that swung at him first should hold been arrested for disorderly conduct and public intoxication, creating a menace and assault.
Some public defenders are great lawyer. Give them a chance. Its your right to a defense so in court they'll ask him if he requirements his own lawyer or a court appointed one. If he qualifies receive a court appointed lawyer. His lawyer should own a copy of the police report.
Have all the witnesses who was the scene any testify for him or write notorized statements. Testifying would be best because some judges don't accept statements because they can't be "cross-examined"
If he is convicted of this crime, it will remain on his criminal narrative for a certain amount of years. it depend on what classification the crime is. In my state, a Class A misdemenor is on your record for 3 to 5 years. A felony 7 years previously getting it expunged.
Any decent lawyer can grasp your friend off or have it lowered down to almost zilch. I know I could do it for him.
You try to do something honorable and you get kicked in the teeth for it. No wonder ancestors don't like getting involved.
Tell your friend good luck:) Hope this info help.
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