why is victim paying restitution to assailant?

[chrryrose]

I am from FL, and my brothers in law were attacked in their apartment by a neighbor. This man stabbed one of my brothers in law in the chest, causing injury to his lung. My brother in law had a knife on him to defend himself, & the assailant injured himself because he jumped on top of my brother when he stabbed him. We don't have much $, so a public defender told my brother in law to plead nolo to a charge of "mutual combat", so it never went to trial. The person who attacked him was not charged with anything, so how is it mutual?? My other brother in law was a witness, so the police know that this man entered their apartment to rob and kill them.

My brother in law has 9 years probation and has to pay $9,000 restitution to the man that nearly killed him. Is there any way that we could fight this, because I think he should have had a trial and the assailant charged with aggravated assault, at least. What happens if you are denied right to trial because of bad legal advice? My brother in law is 20 yrs old, and the guy that stabbed him has a history of violence in other counties.

 

[seniorjudge]

He should've had a trial but it's too late now so he is stuck with the consequences of his own actions in pleading guilty.

 

[chrryrose]

re: why is victim..

Thank you for responding. I would like to know if someone has recourse (in the state of FL) if they are not given adequate legal defense? I know that in some serious crimes, there are appeals when someone is not defended properly. Does that apply only to trials, or can someone apply for a post conviction overturn (not sure of exact term) in a plea bargain case??

Also, are you allowed in the state of FL to defend yourself in your home if you are attacked???