Legal Question in Criminal Law in California
About two weeks ago my boyfriend got in a fight at a night club their was three guys and he felt like he was going to get jumped so he swung at one of the guys he only hit him once but ended up breaking his jaw. security question both of them but let my boyfriend go that night. Now the kid is pressing charges two weeks later what kind of trouble can my boyfriend be in? Can he end up going to jail?
3 Answers from Attorneys
Individuals cannot "press charges." Only the District Attorney can file a criminal case. The police send their reports to the DA, who will decide what charges, if any, to file.
Your boyfriend could be in big trouble, facing felony charges that could send him to jail or prison.
This is NOT something he should handle himself. Contracting the police, DA or victim could make the situation worse. He shouldn't speak to ANYONE except a lawyer about this situation.
With the facts you outline, it sounds like he was acting in self defense, however that is probably not the version the victim is going to tell. I don't know where the witnesses will end up in terms of how they saw things, but that is a vital piece of the puzzle. Also there may be video of the scene, which, if not asked for qickly, could be erased. He needs a qualified attorney QUICKLY. We are available for FREE phone consults if you desire. Best wishes...David Wallin
If charged with ANY crime, yes, of course, he can end up in jail if convicted. What can he do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a decent plea bargain for you. If serious about doing so, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.
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