Assault & Battery battery

[misslizzy217]

someone please give me your input! 10 months ago my boyfriend was in a fight, it was a fight at a bar all 6 people fighting ( 3 on "victims" side and 3 on boyfriend side)agaisnt eachother. the "victim" who was wasted drunk ended up with a broken nose and broken "orbital floor" (in the eye socket). 10 months passed and someone who was with my boyfriend got arrested on a warrant for the fight well the guy told my boyfriend that he is not "taking the charge" which is a 3rd degree felony and that he was telling his attorney and the judge that it was my boyfriend. so what now? he has 2 prior felonies ( posession charges) i guess i just need to know what to expect

 

[CdwJava]

Your boyfriend might want to consult an attorney now so that he is prepared if he gets arrested or charged.

What penalties he might face will depend on the state this occurred in and the specific offenses he will be charged with if he is charged at all. I suspect that with the nature of the injuries, the charges are going to be violent felonies.

He should consult at that attorney ASAP.

- Carl

 

[misslizzy217]

thank you very much. we have called an attorney and they all say the same thing: " call us when you get arrested"! we dont want to wait that long either but if they wont help us then they wont help us. we are in Florida and the charge is: battery with great bodily harm. maybe a question i should have asked is can they charge him by someone saying " it wasnt me it was him" i probably dont make any sense i know, im just flustered...

 

[CdwJava]

They can charge him so long as they have probable cause to believe he committed the crime, they can charge him.

So, yes, a statement by someone else that he committed the crime is sufficient. It might not stand a good, aggressive defense at trial, but it is sufficient to make the charge.

- Carl