[MKaye02]

Sorry it’s long but please help…

On New Years Eve my fiance and I were at a bar and we were leaving. As we were leaving a fight broke out and I asked what was going on, as we discussed it a very large woman spun around and started pushing my fiance. (she was friends with the person in the fight)

I grabbed his arm and pulled him out of the bar to avoid any drama and we awaited for our DD out front. About five minutes later the woman stormed out the front door, HIGHLY intoxicated.

She proceeded to get in both our faces yelling and cussing and pushing again. Before I knew it a punch landed right on my face and split my lip wide open. I fell to the ground and my fiancé bent over to check on me. To which the woman then hit him in the back of the head and proceeded to punch him two more times.

At this time because this woman was literally 75 lbs heavier then my fiancé he had no choice but to swing back, after telling her repeatedly to stop. From blocking her punches he had bruises up and down his arms.

In the next few minutes there were punches thrown and when someone yelled “the cops are coming” everyone ran to their cars. With it being New Years Eve and everything we blew it off as a stupid fight, especially since this woman started and caused the whole thing.

Now two months later we are being informed by a detective that she is pressing charges because in the fight she rec’d a broken jaw. How that happened I do not know, there were no weapons used and the fight was over so quickly I didn’t see any blows that could have caused that extent of damage.

We are in the state of Ohio, what charges would be filed on this and what penalties is he looking at? Also isn’t there a way to beat this when we do have a witness along with I also being a witness. We are also both filing charges on her for the punches she threw but I need some advice please.

Additional info:

he has a record, from about 8 years ago but he does have a record.

unfortunately the bar people were attending to the inside fight and saw NOTHING of outside. Our witness is a friend and she has no witnesses.

Also attourney wants at least $1,000 and I don't have that kind of money.

I believe she is pursuing it to get her med bills paid, but we don't have that either. he is out of work at this time due to ACL replacement

[aardvarc]

Sorry it’s long but please help…
She proceeded to get in both our faces yelling and cussing and pushing again. Before I knew it a punch landed right on my face and split my lip wide open. I fell to the ground and my fiancé bent over to check on me. To which the woman then hit him in the back of the head and proceeded to punch him two more times.

At this time because this woman was literally 75 lbs heavier then my fiancé he had no choice but to swing back, after telling her repeatedly to stop. From blocking her punches he had bruises up and down his arms.

In the next few minutes there were punches thrown and when someone yelled “the cops are coming” everyone ran to their cars. With it being New Years Eve and everything we blew it off as a stupid fight, especially since this woman started and caused the whole thing.

The moral of the story is this: whoever either stays to make a report to police or who later makes a report to police is going to be the one with the credibililty. You are now in a position to try to stand in front of a judge and say that some person committed a battery against both of you and instead of calling police and reporting the crime, you chose to flee the scene. See how that's going to make things look in court??? Right or wrong, judges tend to get a little suspicous when completely innocent persons don't hold other people accountable for crimes committed against them, particularly when there were injuries (bruises, busted lip) to the "innocent party". When everyone (victims and witnesses) in sight feels the need to flee because the police are about to show up, that doesn't bode well for the character of the place, and by extrapolation, for the level of credibility of the testimony.

We are in the state of Ohio, what charges would be filed on this and what penalties is he looking at?

Criminally, either simple assault or aggravated assault - assault for the "unlawful touching" (Ohio combines assault and battery together) and the aggravated step-up if the broken jaw is considered a substantial injury. For simple assault, a 1st degree misdemeanor, it could be 6 months in county jail and $1,000 fine. For aggravated assault, a 4th degree felony, it could be 18 months to 4 years in prison and fines up to $5,000. Of course just because those are POSSIBLE, doesn't necessarily mean they are PROBABLE, even if found guilty.

Also isn’t there a way to beat this when we do have a witness along with I also being a witness. We are also both filing charges on her for the punches she threw but I need some advice please.

The best way to fight it is to be completely honest with your attorney and follow their lead. They will know the local judges and prosecutors better than anyone here and will be in the best position to plan and execute your defense, evaluate any possible plea deals, etc.

Also attourney wants at least $1,000 and I don't have that kind of money.

He can apply for a public defender. Considering that there is the possibility of being incarcerated AND hefty fines, if the public defender is denied, then start calling friends and family to scrape enough to afford legal representation. This will NOT be a do-it-yourself project type of thing.

I believe she is pursuing it to get her med bills paid, but we don't have that either. he is out of work at this time due to ACL replacement

She can file a civil case for medical bills, pain and suffering and such things without pursing the criminal case, it's just that doing the criminal case first is often advantageous for many reasons.