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Assault & Battery/ Assault with a Deadly Weapon - What now?

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petitefleur24

Junior Member
What is the name of your state? CA

Nightclub/2-2:30 AM. My brother was charged with Assault and Battery, but released a couple hours later. My cousin was charged with Assault with a Deadly Weapon and is detained until court on 07.06.2007. My bro. asked a fellow to stop kicking his truck. The guy then charged my bro. and punched him in the face. My bro. fought back and was attacked by more of his friends. One of my cousins got out to defend my bro. and he was brutally beaten and kicked until he hit the ground by 3 more of them. My other cousin then retrieved THE CLUB to defend them. Only my bro and cousin were arrested and none of the other guys were arrested when they were the ones who threw the first punch. What can we expect now? Neither my bro. or cousin have had any priors. Please advise - your help is greatly appreciated!
 


garrula lingua

Senior Member
Well, usually the cops talk to witnesses to figure out what happened.

This would probably have been mutual combat until the weapon appeared (the cuz who was 'brutally beaten' - does he have broken bones, stitches, in critical condition ?)

Some PDs have access to investigators who can go into the field & question people.
If you hire a private atty, s/he may have an investigator who can do that.

7/6 should be the arraignment and plea. Presumably, your bro & cuz will plead not guilty and one will get the PD and the other will get the AlternatePD.panel atty - if they qualify.

On that date, the defense attys should receive the discovery (the charging doc/complaint, and the police report, and the detectives supplemental report).

The next hearing will be the Preliminary Hearing.
There usually is an offer made by the DA prior to the PH. This is usually the best offer (early disposition offer), and will be based on the facts of the case and the defendants' records. If the case proceeds to a PH, then another A&P will be held, a pre-trial, then the trial. A final offer should be given to defendants before trial.

...The DA may decline to file charges, or may file only misdemeanor charges. You'll only know on the 7th what the actual charges are, and the allegations in the police report and the witnesses' statements ....

They need good PDs or good private Criminal Defense attys.
 

CdwJava

Senior Member
Why does this always happen at bars and nightclubs? Alcohol and emotions - never a good mix!

We had a good street brawl last night that involved a girl fight, a DUI crash, and then a good old fashioned boot stompin' on a cul-de-sac with 200 people present ... of course, aside from the crash, no one saw nothin'!

So, the victim of the stomping went to jail for DUI, his son went to jail for public intoxication, a third party was arrested and then released for the battery but he and his friends alleged self defense so he was released at the scene, and the two women both claimed the other was the aggressor (so we're filing with the DA).

What fun!

- Carl
 

garrula lingua

Senior Member
PS that police report & wit statements should not be shared with the defendants ... the witness info has to be redacted. Only the defense atty has the right to that info.

Only the defense atty or his/her investigator has the unrestrained right to contact witnesses.
They're going to have to rely on their attys (and an open-minded Prosecutor) to straighten this out.

If the facts are different than their memory (or video tape shows diff facts), they'll be facing a felony (strike) conviction & jail time (it's a strike felony, but they should qualify for county jail and probation).

The weapon is a major problem.

PS: Re priors: the Prosecutor will see even juvie records, expunged records, whatever (as they count towards aggravating circs in sentencing).

What county did this occur in ?
Was cuz #1 hurt badly (not just beaten badly) ? brkn bones ? stitches ? hospitalized ?
Did cuz #2 hit anyone witht the Club ?
Did anyone else have an obvious weapon ?
Did cuz #2 injure anyone with the Club ? ... how badly ?
 

petitefleur24

Junior Member
Thank you Garrula Lingua

First and foremost thank you for your guidance and response to my question.

Incident, unfortunately, occurred in Orange County, so they are very conservative when it comes to crime. Neither my bro or cuz have any priors. They're both clean cut and good guys.

What county did this occur in ?
Was cuz #1 hurt badly (not just beaten badly) ? brkn bones ? stitches ? hospitalized ?
Yes, he did sustain a broken nose. He has two black eyes, swollen cheeks, a busted lip and body aches.

Did cuz #2 hit anyone witht the Club ?
Yes, he hit someone on the back twice. There were three guys on top of cuz #1 and he hit one guy twice on the back. The first on was a warning hit and the guy continued to beat on cuz #1. So, he hit him again on the back and that is when the guy removed himself from cuz #1.

Did anyone else have an obvious weapon ?
No

Did cuz #2 injure anyone with the Club ? ... how badly ?
Like I mentioned before, he hit one guy twice on the back.

We got a criminal defense attorney, because there is no way we are going to chance it with a PD, they have way too many cases to take care of. He received the Discovery right before cuz #2 had to appear before the judge. They are charging him witha felony/assault
with a deadly weapon with an enhancement of bodily injury. One of the guys sustained a broken nose and 20 stiches on his forehead and they are saying that was done with the club. My gut tells me that was the guy my bro was fighting because he said he had kneed him.

The attorney said that the police report stated that my bro was the one who started the fight and that cuz #2 was in possession of a "Billy Club (?)," which to my understanding is like a police baton and illegal. Cuz #2's bail was set at $25K because of the broken nose and 20 stitches.

He's a good guy going to Dental Hygiene school, no priors and has a family.

Again, I greatly appreciate all your help. Thank you from the bottom of my heart.
 
Last edited:

outonbail

Senior Member
First and foremost thank you for your guidance and response to my question.

Incident, unfortunately, occurred in Orange County, so they are very conservative when it comes to crime. Neither my bro or cuz have any priors. They're both clean cut and good guys.
This is of course, before alcohol enters the picture.


Was cuz #1 hurt badly (not just beaten badly) ? brkn bones ? stitches ? hospitalized ?
No, he did not sustain any of the previous mentioned. He has two black eyes, swollen cheecks, a busted lip and body aches.

Did cuz #2 hit anyone with the Club ?
Yes, he hit someone on the back twice. There were three guys on top of cuz #1 and he hit one guy twice on the back. The first on was a warning hit and the guy continued to beat on cuz #1. So, he hit him again on the back and that is when the guy removed himself from cuz #1.
So this then left two subjects on cuz 1's back, "brutally kicking and beating him". So you're claiming cuz2 didn't engage his equalizer after the first "warning shot" and subsequent home run swing? He went ahead and let just these two remaining subjects pummel cuz 1?

Did anyone else have an obvious weapon ?
No

Did cuz #2 injure anyone with the Club ? ... how badly ?
Like I mentioned before, he hit one guy twice on the back.

We got a criminal defense attorney, because there is no way we are going to chance it with a PD, they have way too many cases to take care of. He received the Discovery right before cuz #2 had to appear before the judge. They are charging him witha felony/assault
with a deadly weapon with an enhancement of bodily injury. One of the guys sustained a broken nose and 20 stiches on his forehead and they are saying that was done with the club.
So, the guy he hit on the back must have turned around and tried to attack the club with his head, just as cuz 2 was aiming for the bleachers with his second swing.
My gut tells me that was the guy my bro was fighting because he said he had kneed him.
My gut doesn't buy into what your gut is telling you. First I'm assuming that this was the guy that was kicking your bro's truck, is this correct? If so, I'm not so sure he would have been in any position to knee this guy to the tune of a broken nose and twenty stitches in his head, since bro's claiming that the guy attacked him first with a punch to the face. He might be able to get away with breaking a nose, but the twenty stitches would more often than not, come from some sort of weapon. If the club was used to inflict this damage, the doctor that stitched him up would have also ordered x-rays. So these films, along with his physical examination of the guy's wound, should provide the doctor with a fairly reliable opinion as to whether these wounds appeared to be consistent with a kneeing or the result of a clubbing.

The attorney said that the police report stated that my bro was the one who started the fight and that cuz #2 was in possession of a "Billy Club (?)," which to my understanding is like a police baton and illegal. Cuz #2's bail was set at $25K because of the broken nose and 20 stitches.
This sounds feasible, since bro claims the guy was kicking his truck. I could see where that may encourage someone to attack whoever was doing potential damage to their vehicle. It would not be justified, but I can understand how it would happen. The bail sounds like it's a little on the low side so his record probably is clean.

He's a good guy going to Dental Hygiene school, no priors and has a family.
Irrelevant
Again, I greatly appreciate all your help. Thank you from the bottom of my heart.
 

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