ASSAULT 2 DEGREE

[[email protected]]

MY BOYFRIEND WAS ARREST ON 2 DEGREE ASSAULT, HE WAS WALKING HOME DRUNK ONE NIGHT (BECAUSE OF PREVISOUS DUI NO LICENSE)AND THREE GUYS WERE SITTING ON THEIR PORCH AND THEY SMARTED OFF TO MY BOYFRIEND, HE IGNORED THEM AND KEPT WALKING, WELL THEY SMARTED OFF AGAIN AND MY BOYFREIND TURNED AROUND AND SAID "WHAT ARE YOU GOING TO DO". SO THREE OF THEM CAME AFTER HIM SOME FIGHTING ACCURED AND MY BOYFRIEND RAN DOWN THE STREET WERE A FRIEND OF HIS LIVED AND RAN IN THEIR HOUSE FOR SAFETY. 10 MINUTES LATER THE POLICE SHOWED UP AND ARRESTED HIM FOR 2 DEGREE ASSAULT. ON THE REPORT WHEN HE WAS ARREST SAID "POLICE RESPONDED TO A FIGHT IN PROGRESS, ONE OF THE GUYS HAND WAS CUT AND REQUIRED STITCHES. IT DOES NOT SAY "HOW HIS HAND GOT CUT OR WITH WHAT. NOW HE WENT TO COURT THE OTHER DAY, BUT BEFORE HE WENT TO COURT HE STOPPED BY THE SHERIFF'S OFFICE TO ASK THE TO LOOK AT THE REPORT AND TELL HIM WHO THE AFFIANT WAS, AND THEY TOLD HIM THAT THE GUY'S HE WAS FIGHTING IS NOT THE ONE PRESSING CHARGES, BUT THE POLICE OFFICER WHO ARRESTED HIM IS PRESSING THE CHARGES. THIS OFFICER IS VERY FAMALIER WITH MY BOYFRIEND BECAUSE HE IS THE ONE WHO HAS ARRESTED HIM ON DUI CHARGES TWICE, AND EVERYTIME HE SEE'S MY BOYFRIEND HE STOPS HIM FOR THE HELL OF IT.

IF THE PERSON MY BOYFRIEND WAS FIGHTING IS NOT PRESSING CHARGES AGAINST HIM, HOW CAN THE OFFICER?

 

[Tracey]

The State presses charges & doesn't need the victim's permission to do so. However, prosecutors often won't pursue a case if they don't have a complaining witness. If the other guys won't testify, there's no evidence & no case. Bf also has the option of filing assault charges against the 3 guys. Get a lawyer. He has a good claim for self defense and a possible harrassment suit.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!

[This message has been edited by Tracey (edited October 14, 2000).]

 

[Police_Retired]

Just to add to what Tracey is saying. Sound like a possible false report. The first thing you need to do, is file a complaint with Internal Affairs Div. This is not his first encounter with this officer. And make sure your man get some help. A hate to see a good man destroy his life.

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This is my opinion. These is not legal advice. If you need further assistance email [email protected]

 

[Kaboom]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Police_Retired:
Just to add to what Tracey is saying. Sound like a possible false report. The first thing you need to do, is file a complaint with Internal Affairs Div. This is not his first encounter with this officer. And make sure your man get some help. A hate to see a good man destroy his life.

<HR></BLOCKQUOTE>

This is what I like to see. HELPFUL ADVICE. Both replies were helpful. It doesn't look like most of the so-called lawyers here can offer that.