Legal Question in Criminal Law in Louisiana

my 18 year old son and another 18 year old got into a fist fight 2 months ago. the other boy has pressed charges against my son saying he used brass knuckels and both boys have a witness on thier side. they just arrested my son and took him to jail tonight. How can they arrest someone on hear say? They did not investigatge but just took his word for it. Can we clear his name on this charge? can we press charges against the other kid. He required stitches and my son had a black eye.


Asked on 9/26/09, 11:54 pm

1 Answer from Attorneys
Andrew Casanave Andrew M. Casanave

First, it appears that your son is charged with Aggravated Battery. This is a felony, meaning that if convicted, your son could be sentenced to the penetentary. He needs a capable criminal lawyer immediately.

If the police believe that they have probable cause to charge someone with a crime, they will arrest. People have been arrested, and even convicted, on the statement of a single witness. This is not hearsay, which is a technical term about the admissability of evidence at trial. This is an accusation by a person who claims to be a crime victim. Many people are accused of crimes and never convicted. Best wishes!

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Answered on 10/02/09, 2:13 am


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