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  1. #1
    Join Date
    Jun 2006
    Posts
    3

    Default Help with assault and battery charges

    hi

    i live in massachussetts and about a month ago i got into a fight with a guy that i know well and that knows me well. at the scene there were 2 more people, one of them was the owner of the house. The guy and I got into an argument over some money that he ows me, and while arguing he said he will never pay me back so I punched him and broke his cheekbone. After we left the scene he went to the police and reported the incident, therefore the police never showed up at the scene. I received a letter in mail which states that I have to show up in court, and that I am being charged with assault and battery with weapon. I did not have any weapon, I just hit him. He is claiming that I hit him, and one of the pople that was at the scene is his friends that lives with him, therefore he is a witness, but the owner of the house where the scene happened is my witness. i'm planing to denay the whole thing

    what do u think i should do??

  2. #2
    Join Date
    May 2006
    Location
    USA
    Posts
    663

    Default Re: help with assault and battery charges

    Plead guilty if it is just "A&B" without or without a weapon. "A&B" is a misdeamener. But if it is a Felonious Assault case where a weapon is included, fight the case trying to bring it down to a misdeamener. If you will have to fight the case, use the doctor as a witness showing evidence you used your fist and nothing else.

    If you plead guilty on "A&B," you might just get probation, anger management and restitution. Talk to the your court appointed attorney and find out if the DA will go with a lesser charge. Stay away from "Bodily Harm."

    I understand you don't want to be charged with anything, but you can't get that choice.

    PS It might recommend using your fist as a weapon because of the damages.

  3. #3
    Join Date
    Jun 2006
    Posts
    3

    Default Re: help with assault and battery charges

    but he has no evidence just a witnes it his word against mine home owner is on my side police was never at the scene he just went to the police and filed out a report my slate is clean but he has some D.U.I

  4. #4
    Join Date
    May 2006
    Location
    USA
    Posts
    663

    Default Re: help with assault and battery charges

    Talking to your attorney to find out which type of weapon is the first step.

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