Assault Charge

CollegeKid7 · #1 03-10-2009, 11:02 AM

My question involves criminal law for the state of: Pennsylvania

I had a quick question about an assault charge and the police report/victim's statement. After being charged with assault I was shown the victim's statement, reading that he had been sucker punched 3 times by the same person, causing his injury. The "victim" was completely wasted when the event occured, and wont own up to the fact that he started the entire argument/fight. Later when the hearing went to the preliminary, his story was completely different and he claimed he was hit only once by me and then hit by others as he was falling. Does this bring up any issues that the statement from him on the police report said one thing, and then his story in court was totally different?

AllisonDanby · #2 03-10-2009, 11:08 AM

it will not make a difference on your part whether you hit him once or 3 times, you will be charged. As for him, you defence is going to attack his changing versions, BUT it is common for victims to mis-recall events.

CollegeKid7 · #3 03-10-2009, 11:11 AM

So there's nothing that can come from him changing his story, that could get the case dismissed? It's just going to hurt his story because it's been changed...

AllisonDanby · #4 03-10-2009, 11:29 AM

Ok, so he changed his story from, you hitting him 3 times, to you hit him one time and then hit by other people, correct?

If so, you will still be charged. It is not enough of a change for prosecution to drop it, as victims often have tough time recollecting events. This does open a hole for your defence though. Get an attorney now.

Misunderstood1 · #5 03-31-2009, 06:05 PM

And the fact that he was intoxicated could hurt his case also