Aggravated Assault With A Deadly Weapon

Lhooey22 · #1 12-18-2007, 01:37 AM

About tuesday last week, my husband and i got in a little arguement my father got involved and a couple words were exchanged and it lead to them fighting. my husband came to my parents house with 3 of his buddies. my father ran to the door were my husband was seating before he got out. i think my father hit him first. he had a bat in his lap. but he did not touch my father with it. my father had him down on the ground the whole time. 3 of his friends were hanging around. they tired to get my dad off of him or to let go. my husbands friend hit my father in the back with the baseball bat. i was looking it up and my husband did not cause bodily injury to my father. he did not even touch him once. his friends hit him with the bat. the police only arrested my husband and not anyone else. he was charged with aggravated assault with a deadly weapon. so i was wondering, why could this be right? if he didnt hit him with the bat or touch him with his fist. could me and my father possibly get him off when we state our case to the state attorney and try to get the right person that hit him with a bat charged? this happened in florida.

cdwjava · #2 12-18-2007, 02:50 AM

So ... if everyone said that this other fellow whacked your dad with a bat, why did they think it was your husband? Certainly SOMEONE or SOMETHING pointed to him.

Besides, DUMB, DUMB, DUMB idea to go to someone's house with your pals - that says trouble right there!

So ... what is REALLY going on here?

- Carl

Lhooey22 · #3 12-18-2007, 05:01 AM

police said they arrested the primary aggressor since him and my dad were arguing. yeah i know. i was on the phone with him telling him to turn around finally he listened to me but his friend was driving and wouldn't and the friend that was driving was that one that hit my father with the bat. it says in all of or things he didn't hit him but their still saying and charging him with something that doesn't even make since if he didn't hit him. yeah i don't get it either. BUT the cop that arrested him was one of that cops that pulled him over for marijuana and was saying how his brother died in a car accident because he was under the influence. so honestly i think the cop was trying to get him in trouble. so we have to go down to the state attorney and tell them our case and try and get them to drop the charges but either way if they didn't we would still testify on my husbands behalf

cdwjava · #4 12-18-2007, 12:10 PM

I don't know what to say here ... this sounds like a horrendously dysfunctional family situation, or a whole lot of people with some very serious anger issues.

Hubbie needs an attorney, he does NOT need you and dad marching to the DA's office telling stuff that might end up making his situation worse.

- Carl

Lhooey22 · #5 12-18-2007, 12:38 PM

well we have to talk to them anyways. and the charges are from us so we have to fill a paper out and stuff trying to drop the charges

cdwjava · #6 12-18-2007, 01:25 PM

Actually, the DA forwards the charges. Legally, your efforts are simply an indication of whether you will assist with the prosecution or not. What the DA likely wants is for you all to be on record asking that the charges be dropped that way when/if things get worse he can always deny responsibility for allowing it to get escalate.

- Carl