Charged for Aggravated Assault when It Was Self Defense

My question involves criminal law for the state of: New Jersey

So about three weeks ago, my boyfriend (A) was physically attacked by his mother's boyfriend (B), whom was drunk. While the mother and B were arguing, the mother told A to call the police. B obviously didn't want that to happen and attacked A to try and get the phone out of his hand, though it was too late, he had already called. B was punching A in the face, and in order to defend himself A used a collapsible baton stick, which he later learned was illegal in NJ (he originally bought it at a flea market a couple years back, because of B's drunk rampages). By the time the cops arrived, A & B stopped fighting since B was bleeding from the head. B was taken to the hospital and the cops told A that B would be arrested once he was released. They took the baton as evidence and assured A that he acted in self defense and shouldn't have to worry about anything.

Somebody paid B's bail the following day and A & B talked it out. B said he pressed charges against A, so A attended court with B to see what was going on. Their court session was very brief, the judge decided to send the case to the county court. A & B haven't gotten any paperwork on anything, but during court A had seen on a piece of paper that he was charged with aggravated assault.

They still haven't gotten any paper in the mail about a future court date, should A get a lawyer? He's currently attending school to become a police officer so he obviously wants his record to be squeaky clean.

Yes, he should get a lawyer.

Any idea on how this'll turn out? I know it's hard to predict but do you think he'll get jail time?

If he gets convicted he can kiss off any chance of a career in law enforcement. In addition to not wanting to employ criminals in general, those who are prohibited from carrying firearms are not good candidates.

He needs a lawyer NOW to head this off at the earliest opportunity. Even being charged with DV or aggravated assault or even the weapons violation is going to not bode well for his future career.

I know, I told him this a billion times (if he ever listened to me he wouldn't have the baton in the first place). His mom is supposedly friends with a couple lawyers who looked into the case and they said there's a good chance that the case will be sent back to the original court then dropped. Obviously I don't know much about how these things work, but does that sound like bullshit? I figured aggravated assault and having a baton (which is a felony in NJ) would be taken a bit more seriously, especially in uptight NJ.

NJ doesn't have "felonies" per se, but these fourth degree crimes will have the same impact as felonies.

Oh, I didn't know that. When I looked up possessing a baton in NJ it said it's a felony unless you've taken a safety course for it. Anyways do you think it's possible for the case to bounce back then get dropped? He had money put aside for a lawyer, but just spent it all on his mother for her own lawyer (forgery and theft charges, long story). So I'm worried that she might be thinking about herself first.

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Quoting flyingron

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If he gets convicted he can kiss off any chance of a career in law enforcement. In addition to not wanting to employ criminals in general, those who are prohibited from carrying firearms are not good candidates.

He needs a lawyer NOW to head this off at the earliest opportunity. Even being charged with DV or aggravated assault or even the weapons violation is going to not bode well for his future career.

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Your last sentence is more correct than the first.

At this point, he can kiss any chance of a career in LE goodbye. LE is not like other job fields; In other fields, those who do the hiring typically are only interested in CONVICTIONS at the background check phase of hiring. In LE, everything is on the table - including charges that get dropped or of which you are found not guilty and even petty gossip from people who know you. It might not be fair, but it's how it is.

I don't think we are in disagreement on this. However at this point there's no indication he has actually been charged absent knowing what this "piece of paper" is. It may just be the complaint by the other party.

His mom keeps telling him to wait to see what happens before talking to a lawyer. Is there any way he can find out more about this case, would the police station tell him about what's going on? He was told he'd get a phone call or a letter in the mail about it but it's been nearly a month and he still hasn't gotten anything.

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Quoting CAPS4SAMMEH

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His mom keeps telling him to wait to see what happens before talking to a lawyer.

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That would be stupid.

He needs a lawyer now.

If B decides not to show for court, the aggravated assault charge will be dropped against A, that's if it wasn't charged as a domestic violence. If it were charged as an DV, then the State would pick the charges up.

A would still have to face three very serious criminal charges in NJ.

1. N.J.S.A. 2C:39-5 Unlawful Possession of a Weapon

2. N.J.S.A. 2C:39-4 Possession of a Weapon for an Unlawful Purpose

3. N.J.S.A. 2C:39-3 Prohibited Weapons and Devices

And being that the State has witnesses, the weapon and two statements (from both A and B), it's safe to say that A will never have a job in law enforcement.

The long wait is because the case was sent to the county and they are backed up with other cases. Once the case is in the hands of the prosecutor, they will decide what charges and if there is enough evidence for conviction. Once they decide, the case is sent to a grand jury to decide if it should be dealt with in Superior Court or sent back to Municipal Court for trial.

If A is indicted, a warrant will issue and A can and likely will be arrested. Start saving for bail.