Legal Question in Criminal Law in Louisiana

Please Help my friend! He cant go to jail!!!

A friend recently got in a fight at a party. A guy confronted and threatened him but my friend left before things got out of hand. Later he came back and got physical and ended up stabbing the other guy. He is being charged with aggravated battery. Is there anything he can do to get a lesser sentance? I need advice ASAP! Court is in 4days! Also he has had an excessive amount of stress lately is there any way he can claim some sort of stress disorder? Oh and is it the state that presses charges or the injured guy? If I convince the injured guy to drop charges will this all go away? Please help!


Asked on 6/23/06, 2:53 am

2 Answers from Attorneys

Andrew Casanave Andrew M. Casanave

Re: Please Help my friend! He cant go to jail!!!

Anything he does to lessen his charge or sentence should be discussed with his lawyer.

It may be possible to build a psychological or psychiatric defense of some type, but not in four days. If he had such a problem it should have been discussed with his lawyer long ago, not now. Do not blame the lawyer for this either as he cannot know what your friend's mental state is.

The state chages the defendant, not the victim. While the victim's desire to have charges dismissed might influence the prosecutor to dismiss the decision belongs to that prosecutor.

Read more
Answered on 6/23/06, 8:10 am
Thomas C. Gallagher Gallagher Criminal Defense

Re: Please Help my friend! He cant go to jail!

If the case is prosecuted in Minnesota (your question is unclear as to the State), Assault with a knife is a crime which can result in serious prison time, and many other bad consequences.

There are at least thousands of potential defenses which could show that a defendant is not guilty of a crime, or which could mitigate the severity of the crime, or which could result in a more lenient sentence. Libraries are filled with books on those subjects. I can't write one of those books here. The simple solution is that this person needs get together with his lawyer, roll up his sleeves and get ready to work long and hard to build a defense case. Of course, he won't be needing money in prison. Now is the time to spend everything he can to save himself from a miscarriage of justice. And hope that what he can do is enough. It can be done. I've done it many times.

As for who charges defendant's with a criminal Complaint in court, it is the prosecutor not the victim or witness. Though victims and witnesses do not control a criminal prosecution, they can have significant influence. I have represented numerous "victims" and witnesses over the years, to help them achieve their goals.

Remain calm. Start doing what you can in a methodical way. Hard work and patience often get results.

Read more
Answered on 6/23/06, 12:11 pm


Related Questions & Answers

More Criminal Law questions and answers in Louisiana