Aggravated Assault Charges

theman43 · #1 02-12-2009, 09:39 PM

I will first explain the scenario, and then ask my questions. Btw, this is in Canada.

A friend of mine (will not disclose his age, but he is under 17), was at a house party in Canada. He had not drank, smoked, etc..none of that bad stuff! He was approached by two females, and they kept telling him to leave. They claimed they were trying to get the house clear of people, but they picked my friend specifically over and over (as I witnessed it). They were not even the owners of this house. Both of these females were highly intoxicated.

At one point, the two females approached the male. Words were exchanged, where he said he was not leaving since it is not their house, and he was allowed to stay. The females made several racial slurs to him, and then one of the females pushed him. He started to go back, and as he did, more slurs were yelled at him. He got upset, and spat at one from a distance. He was far so it did not touch her (not sure if this matters). At this point, the female sprinted at him and delivered 2-3 punches to his head. Two males came in to try and "help" by grabbing my friend (which did not really help at all). Once they held him, he could no longer block her punches, and she delivered another 2-3 punches. At this point, he realized that no one was stopping this, and this female had no intention of stopping. He got his right arm loose and threw a punch. The female lost balance from the punch, and may have fell and hit something. This resulted in some serious injuries to her eye.

My friend was arrested on charges of aggravated assault. Female was not charged with anything, even after witnesses all said she hit him at least 4-6 times. One witness (the female’s friend) claimed she never hit me, but it is obvious she is lying. My friend is a straight A student, no previous record, taking extra curricular classes at a college..the whole deal. Now, you need to understand before saying "what a coward for hitting a girl", that when your being hit in the head, you need to defend yourself. He received a major concussion from this incident, and his lawyer (one of the best lawyers) now has the report of this. It is a clear self-defense case, but my friend (being the good kid he is) is quite scared. He has NEVER been in this situation, and to him it still feels like a nightmare. So here are my questions:

1) Was he charged correctly?
2) Why has the female not been charged?
3) How do thinks look in his side (everything I have mentioned IS in the police report)?
4) Will the female who lied in her statement be punished?
5) What is his best bet to get out of this mess ASAP, with nothing on his record that will jeopardize his feature (university, immigration, etc..)?

Any other information is appreciated!

cyjeff · #2 02-12-2009, 09:52 PM

Unfortunately, we focus, primarily, upon US law.

theman43 · #3 02-12-2009, 10:06 PM

Quoting cyjeff

Unfortunately, we focus, primarily, upon US law.

I JUST noticed that. Sorry about that. Well, I do understand that the laws ARE different, but in a case like this, what do you expect? I know it is different, but nonetheless, we are all in North America. We aren't that different

LawResearcherMissy · #4 03-01-2009, 07:10 AM

Quoting theman43

I JUST noticed that. Sorry about that. Well, I do understand that the laws ARE different, but in a case like this, what do you expect? I know it is different, but nonetheless, we are all in North America. We aren't that different

In the US, laws vary from state to state, and for some laws, even from city to city. Laws most certainly do vary from country to country.

Yes, Canadian law and US law really are "that different". Try asking over here instead, where they DO handle Canadian law.