Legal Question in Criminal Law in Pennsylvania
It was my friends 21st birthday and my fiance and I met her and her boyfriend at the bar, my friends boyfriend was harrasing her all night and eventually found out she wasn't coming home which angered him. We leave the bar me driving her up front two boys in the back. Almost at our destination friends boyfriend asks my boyfriend for a lighter but instead of lighting a cigarette he tried to light chapstick my boyfriend asked why he was lighting chapstick to where he got mad and hit my boyfriend in the eye, my boyfriend told him to get out of the car to where he hit him again. My boyfriend gets out goes to his door to try to get him out to where they fight. Friends boyfriend pinned mine to the ground and bit him in the forehead,I get on his back pick him up so my boyfriend can escape he tells me and my friend to get back in the car. Before my friend can make it her boyfriend grabs her by the hair and bites her leg to where she screams, my boyfriend throws him on the ground, kicks him in the cheek resulting in him knocking him out. We drove down the street concerned about our safety and make sure everyone is okay we drove back to the scene where her boyfriend is no longer in sight. Police find him hours later took him to the hospital where they found coke on him which we did not know about. He already has drug charges and a domestic charge and is on bond to where my boyfriend has a clean record. Police want to charge my boyfriend with assault and possibly battery because we didn't call the police to the scene and we left the guy for dead when we did turn around to see if he was there, police said he crawled into a bush. We were right across the street from the police station and 2 cop cars drove past us. The police chief called my boyfriend a liar when he said we saw cop cars go past and he said there was no way we could have left the scene because the roads were blocked due to a fire. We left the scene at 2:19 a.m. because the time was on his phone from a photo he took of his face afterwards and roads got blocked after that because my boyfriends brother is a firefighter and has the exact time to where the fire truck got there which was 2:21 a.m. which means roads were not blocked and we will bring that paperwork to court. What can we expect from the trial he is saying he acted with self defense
1 Answer from Attorneys
Well if your boyfriends record is clean he might get ARD. If not he'll be offerd something less than what he is charged with. If he does it will probably be a sentence that doesn't include jail time.
Self defense is an affirmative defense. That is you're saying is he did it but he has good reason not to be punished. That is a very risky approach. That said he needs lawyer. No I'm not in the running to be his lawyer. I'm too far away.
{John}
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