My husband was at a friends house last night and and a guy started to beat his girlfriend. He broke her cheek bone and knocked out a tooth on her. Nobody jumped in to stop it except my husband. He broke the guys nose and I guess hurt him pretty bad. The cops showed up and took the other guy to jail. They shook my husband's hand and said good job. Can the guy press charges on my husband?
2007-12-08 17:31:49 · 20 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
HAHA no clue if it was a trailer park but it sure sounds like it.
2007-12-08 17:37:18 · update #1
From what I understand of the statements from the police report he hit my husband first when he was approached. But I'm not sure.
2007-12-08 17:44:07 · update #2
No person can press (criminal) charges against another person. The district attorney files a charge in the name of the state against a criminal defendant. This is done after the district attorney receives a police report, reviews it, and then decides whether to file a criminal charge or not.
In this case, the police took the other guy to jail. According to your story, the police told your husband he did a good job. Therefore, I would find it hard to believe that the police would write anything in their report that would indicate you husband did anything wrong or should be charged with a crime.
The guy who got injured could always file a civil lawsuit against your husband. However, if the facts are the way you put them in your question, he would probably not prevail in the civil lawsuit.
2007-12-08 17:54:27 · answer #1 · answered by . 3 · 2⤊ 0⤋
Yes your husband can have charges filed against him. But the local prosecutes office will not follow Thur with it in most cases.
The guy can file and have him sited into court for assault. If the questions and answers paint your husband as hitting the guy in self defense, then your husband wins, but if the guy is painted a he assaulted her and your husband stepped in an beat him up, that's more then stopping and moving them apart and defending himself, like the guy came back at him and said you _____________, I'm going to hit you, then it is OK to hit the guy, but only to use the force necessary to stop the problem not to use more.
2007-12-08 17:39:30 · answer #2 · answered by John M 6 · 0⤊ 0⤋
Individuals, in the United States, CANNOT 'press charges' on someone.
The decision to press charges lies *entirely* in the hands of the DA. An individual can make a police complaint, but that is all.
Richard
2007-12-08 17:45:19 · answer #3 · answered by rickinnocal 7 · 3⤊ 0⤋
He was acting in defense of a third person, a defense against the assault/battery charge the guy beating his girlfriend might like to file. Thus he probably has a legal defense (would have to see your state's law, to know) and can get out of it even if the "victim" (the jerk) could get the D.A. to prosecute your husband.
2007-12-08 17:45:14 · answer #4 · answered by fantagirl 4 · 2⤊ 0⤋
Yeah, unfortunately he can be charged with assault. However, the police should have arrested him on the spot if they were going to. The prosecutor will not file charges in this case, it does not matter if they person he beat up wants charges or not, it isn't his choice anymore.
2007-12-08 17:44:18 · answer #5 · answered by Test 3 · 1⤊ 0⤋
A suspicious husband for 19 yrs.?
2016-08-10 03:29:54 · answer #6 · answered by Rickert 6 · 0⤊ 0⤋
Man do I LOVE trailer parks during the holidays...hehehe. I doubt if it could happen being the cops shook your husband's hand.
2007-12-08 17:36:06 · answer #7 · answered by Plano 4 · 2⤊ 0⤋
Yes, charges can be filed. It's sad, and it shows just how broken the American legal system is, but charges can be filed and worse, he might even lose. Even so, good for him for doing the right thing!
2007-12-08 17:37:50 · answer #8 · answered by N.P. 2 · 1⤊ 0⤋
Can my husband have charges pressed against him?
2014-12-13 10:40:45 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Dreams about deceased husband?
2016-10-20 18:52:38 · answer #10 · answered by Bentley 6 · 0⤊ 0⤋