ok story follows.......
girl harasses guy(calls, messages,visits)...comes to his house while he's sleeping..won't leave him alone...she grabs him, he tries to walk away..she keeps grabbing him and then pushes him..natural reaction(or whatever) he punches her..she kicks him in the mouth, he hits her again
he gets arrested...so im assuming he's getting charged with battery..is that considered simple battery??
but mostly, what type of lawyer would he need??
ive posted the louisiana law bellow(and yes, this happened in LA)--so what do you think will happen to him??
Louisiana Simple Battery
LA R.S. 14:35
Simple battery is a battery committed without the consent of the victim.
Whoever commits a simple battery shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.
2007-11-09 19:54:48 · 5 answers · asked by //\\FAME//\\ 4 in Politics & Government ➔ Law & Ethics
It is likely criminal battery, and he needs a criminal defense attorney.
2007-11-09 20:47:06 · answer #1 · answered by Songbyrd JPA ✡ 7 · 0⤊ 2⤋
He needs an attorney, or attorneys, who can handle two types of lawsuits:
1. Since he's being charged with battery (and it would probably be simple battery, not aggravated battery, based on the facts that you give), he may need a lawyer to defend him in the criminal suit. He may have a public defender appointed for him, depending on the LA's laws, but he could also represent himself. He should definitely claim self-defense, it couldn't hurt.
2. Since this girl has been harassing him, and actually kicked him, he may want to file a civil suit. He could ask for a restraining order, as well as damages for the harassment and battery committed by her.
Try to find an attorney who is willing to take on both cases, it might save him some money.
I hope that helps. Good luck.
EDIT: Ignore the "Total Lawyers" spammer. I actually checked out the website and it's just a lawyer referral service, it doesn't tell you anything helpful at all.
If you want a free lawyer research database, check out either Martindale-Hubbell's Lawyer database or Lawyers.com, which is owned by LexisNexis. Both are very reputable companies that are often used by lawyers themselves.
Here are the links to those sites:
http://www.lawyers.com/
EDIT: Sorry, I found out that Martindale-Hubbell and Lexis have merged, so there's only one site now, mentioned above.
2007-11-11 01:38:02 · answer #2 · answered by Jimmy 4 · 0⤊ 1⤋
What an unfortunate situation.
Sounds to me like simple battery, but I think the guy needs an attorney if he's charged.
I recommend researching your options through this website:
http://www.totallawyers.com
It has comprehensive information on every kind of legal issue you could have, and it has state-by-state information. You might also be able to find a good lawyer. It's an interesting site, even if you don't need legal info.
Good luck to you. I hope it works out.
2007-11-11 16:23:06 · answer #3 · answered by Lively 4 · 0⤊ 1⤋
What kind of lawyer?
I would suggest a divorce lawyer.
2007-11-10 04:10:50 · answer #4 · answered by trooper3316 7 · 1⤊ 1⤋
sounds like they made for each other
2007-11-10 03:57:43 · answer #5 · answered by Anonymous · 1⤊ 1⤋