My bf, got into a fist fight with some other guy. Someone called the cops and both went to jail. My bf is out now and is getting a laywer because he is charged with assault. According to my bf, he is looking at more jail time possibly 3 yrs. Is this true? How long can my bf be in jail for? He has a record from before; He got caught driving with no insurance and expired license and an unpaid ticket from years ago. Anyways, will this affect him now?I just need someone qualified to let me know what could happen to him. Also, his lawyer said that if he can come up with $1,100 the lawyer can garuntee maybe a few weekends in jail but he won't have to be there for a year. Does that sound legit? Seriouse answers please.
2006-09-22 11:40:12 · 14 answers · asked by Sydney 4 in Politics & Government ➔ Law Enforcement & Police
is it the police or the other guy pressing the assault charge? if it was self defense it sounds like the lawyer is legit since that is a lot of money and if he really knows what he is doing he should be able to get him off all together,I could tell you a lot more on how to defend the charges but don't know what part of the world you live in and some country's have different laws. If he pleads not guilty because he was defending himself they probably will try to bring those past events down on him but he has done whatever he needed to do due to those actions and are a completely different offense and they are then classed as irrelevant. I know a lot about the law system in my country being New Zealand and also know a lot of some other country's I need to know a bit more if I was able to help in a much more extreme way,and making sure he doesn't go to jail. I would need to know all the detail of how it happened or what happened to give you the options of what to do or even find the right lawyer where ever you are that would be best in your b/f defense,some lawyers are all round lawyers but some have more talent in certian area's and to be spending that much should completly get him off all charges. hope this helps and good luck.
2006-09-22 12:12:21 · answer #1 · answered by s_d_wadham 3 · 0⤊ 0⤋
Simple assault is a misdemeanor that usually carries a penalty of less than 1 year.
If he is looking at possibly 3 years, he must be charged with a felony. I do not know which state you are in, but, he will definitely need an attorney.
An attorney cannot "guarantee" a sentence but there are several options he can take.
If your bf does not have any previous violent offenses on his record, he could try for "pre-trial diversion" in which if he stayed out of trouble it could be expunged from his record after his probation.
Without knowing the state you are in and the exact charges, it is difficult to say. However, you can go to your locale library and look up the charge and the penalty range.
Your bf could also "plead out" to a lesser charge.
Good luck.
2006-09-23 13:24:19 · answer #2 · answered by tnmack 3 · 0⤊ 0⤋
His traffic convictions shouldn't be included, that's not criminal. Don't worry too much about that.
Depending upon all the facts in the case, he could end up being on probation, a few weekends in jail, paying fines and restitution. I think the 3 yrs is the maximum penalty. I really wouldn't worry too much about him getting that.
I would bet on fines, restitution, court costs, and possibly a few weekends in the county jail..NO way do I believe he would go to prison for this, unless he committed a SERIOUS injury.
I have a nephew who gets into trouble all the time by fighting. Of course, different states have different laws and all courts and judges are different.
2006-09-22 18:56:32 · answer #3 · answered by Hestia 4 · 0⤊ 0⤋
No offense, but the qualified resource that you seek is your boyfriend's lawyer. He's the one who knows the most about your courts, the way judges tend to lean, what the prosecutors in your area push for, and how to factor in a prior criminal records.
That attorney will not discuss your boyfriends case with you of course, because of attorney/client privacy concerns. But you can ask that your boyfriend ask all these specific questions to his attorney to see if the attorney wishes at this time to venture an educated guess at these questions. And then your bf can tell you.
There's really no other practical way of finding an answer that you can rely on.
2006-09-22 21:49:22 · answer #4 · answered by nothing 6 · 0⤊ 0⤋
Simple assault is a misdemeanor offense. He should not get more than 1 year. Misdemeanor convictions do not land you in the state pen, only county jail. Simple assault is defined as hands, fists, etc. Now is he used some type of weapon that would be a felony. His record from before is all traffic violations not criminal so they do not count.
2006-09-22 18:47:14 · answer #5 · answered by Lori H 3 · 0⤊ 0⤋
yeah he need to come up with the 1,100 sound about right maybe probation don't think his driving record would hurt him much in this case . as long as there was no weapons involve he should be just fine that if he can arrange the 1,100, he will be ok
2006-09-22 18:58:18 · answer #6 · answered by ? 6 · 0⤊ 0⤋
Time to start hanging out with a nicer group of people. Seriously.
Yes, he can spend quite a bit of time in jail for assault. I believe it's a felony.
2006-09-22 18:48:54 · answer #7 · answered by abfabmom1 7 · 0⤊ 0⤋
Assault is a criminal offense. Traffc violation convictions are not going to effect his case.
No lawyer can garantee a certain sentence.
2006-09-22 19:53:08 · answer #8 · answered by d b 3 · 0⤊ 0⤋
He is in a lot of trouble. It goes by state but he needs a good laywer
2006-09-23 15:06:15 · answer #9 · answered by Brian S 2 · 0⤊ 0⤋
i think it comes down to the injuries suffered and the circumstances. the quality of the lawyer's work effort and your boyfriend's background also play a part. oh, people do lie, so don't fully believe anyone.
2006-09-22 18:46:59 · answer #10 · answered by Anonymous · 0⤊ 0⤋