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Felony Coviction

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all64

Junior Member
What is the name of your state (only U.S. law)? California

My brother is charged with a 243 (d) and got arrested 3 months after the crime was allegedly committed. The situation involved a Halloween party and he was dragged out of the house by a group of people to fight someone but it was his friends these people wanted him to fight. He didn't want to be in the situation but was pulled into a brawl. The alleged victim says my brother broke his jaw in the incident. The DA offered him a plea of a year in county jail or a strike with an ankle monitor. This is outrageous as they don't have proof it even happened. Each side has witnesses that contradict eachother. The trial is set for a couple weeks from now. Any advice on how to proceed? Is this a typical deal for a first time offense?
 


ImBeingSued

Junior Member
Obviously, he has an attorney in this matter? I don't know you what you mean by "proof", if you are referring to evidence, it sounds like there is plenty of it against your brother, as a testimony is evidence, not to mention the physical damage inflicted on the victim.
It is not unusual for testimonies to contradict each other (to a certain extent, as long as the just of the matter supports the allegation) as everyone perceives what they see in a different manner.
Unfortunately, the fact that he allegedly caused permanent damage to (breaking of bones is considered permanent) the victim, is usually a determining factor in the severity of the crime. When a victim of a fight needs medical attention, the hospital is required to notify local law enforcement about the incident. Generally, who ever reports the crime first is the victim until evidence suggest other wise. There are other determining factors such as how badly the victim is hurt compared to the assaulter and who the evidence (in this case witnesses) implicates as the assaulter.

As for proceedings go, that is something you would need to discuss with an attorney, preferably one who has all the details about the case.
I don't know if his deal is typical as i have never assaulted anyone before in any state, let alone California. Compared to my state it sounds like a pretty good deal (measure 11, mandatory minimum sentence of nearly 6 years, no exceptions) However, one can not compare states in such matters.

One has to ask, why didn't your brother walk away? No one forced him to fight, he could have walked away at anytime. I hope this is a lesson for him in the future. I hate to say this but you are better off curling up in the fetal position and take the beating, assaults are no laughing matter.

If you are capable of hiring an attorney (as apposed to a public defender), i would suggest doing so as a felony will seriously effect his ability of getting a job, especially in today's economy
 

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