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  1. #1
    Join Date
    Nov 2014
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    22

    Exclamation Battery Charges for Hitting Somebody With a Baton

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

    Okay so I posted about this before way back in October but nothing ever happened with it until now. For a quick little recap: my boyfriend (A)'s mom and her boyfriend (B) were arguing one night. Since B was drunk things were beginning to get a little out of hand, my boyfriend's mom told A to call the police, as he did so, B attacked A. A had a collapsible baton stick and used it for self defense (he bought it at a flea market, not knowing it's illegal in NJ). Cops showed up, arrested B (and took him to the hospital), took the baton stick as evidence and assured A that since it was self defense he has nothing to worry about. B decided to press charges against A, saying A attacked him first. A couple days later they went to court, the judge said the case would be sent to county, both A and B tried to drop the charges on each other. That's the last we've heard about it until now.

    The case bounced around a bit, but neither A or B appeared in court for anything. Right now there's a court date for tomorrow in municipal court. It's the State vs. A and B.

    But back in March there was another incident, B is an alcoholic and a drug addict. On March 8th he and A's mom got into another argument and he attacked her and threw a coffee table at her. She pressed charges and filed an order of protection against him. He was court ordered to attend rehab and pay a fine or two. With B's record in mind how do you think the case will go tomorrow? I'm really concerned, only because my boyfriend used a baton stick. Since it's illegal I was doing some research on it. And as far as I can tell there's a huge gray area.. some go to jail, other's don't.

    My boyfriend only had the baton stick for self defense, B has pulled out a knife on A on a few occasions and gets rather violent when he's drunk. My boyfriend is in school to become a cop, he has no prior record and battled cancer. That's a pretty good sob story right? My boyfriend's mom has a lot of lawyer friends (She's an on/off paralegal) and the lawyers all agreed that everything would be fine. A few months ago they predicted the case would bounce back to municipal, and they were right on that. But I want an outside opinion? Thanks!

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Boyfriend vs. His Step Dad

    "Pretty good sob story"?

    Lovely.

    Tell him to talk to his attorney and request his girlfriend keeps out of it.

  3. #3
    Join Date
    Nov 2014
    Posts
    22

    Default Re: Boyfriend vs. His Step Dad

    Are you really trying to act like a sob story has no effect on a verdict? This is a "good boy with no record" vs. "alcoholic drug addict with a domestic violence charge and an active restraining order against him" case. It should be pretty obvious that'll have some kind of effect on the judge.

    I said I wanted an outside opinion on how this would go. If you can't do that, don't comment. Thanks.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,384

    Default Re: Boyfriend vs. His Step Dad

    You got an outside opinion. Sob stories do not make the law go away or give "good boys with no records" permission to break the law.

    If you meant, "give me an opinion that says what I want to hear" you should have said so.

  5. #5
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Boyfriend vs. His Step Dad

    Quote Quoting CAPS4SAMMEH
    View Post
    Are you really trying to act like a sob story has no effect on a verdict? This is a "good boy with no record" vs. "alcoholic drug addict with a domestic violence charge and an active restraining order against him" case. It should be pretty obvious that'll have some kind of effect on the judge.

    I said I wanted an outside opinion on how this would go. If you can't do that, don't comment. Thanks.

    Dear, many serial killers/wife killers/child killers could say the same thing at some point.

  6. #6
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,661

    Default Re: Boyfriend vs. His Step Dad

    If your boyfriend was the one with the collapsible baton, he could kiss his police officer carrier goodbye. that's once he is formally charged and found guilty.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  7. #7
    Join Date
    Sep 2010
    Posts
    19,666

    Default Re: Boyfriend vs. His Step Dad

    Your boyfriend should also know that such batons are ILLEGAL in NJ. With weapons and DV violations, he hasn't got a prayer of getting employed as a cop.

  8. #8
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Boyfriend vs. His Step Dad

    Quote Quoting Who'sThatGuy
    View Post
    If your boyfriend was the one with the collapsible baton, he could kiss his police officer carrier goodbye. that's once he is formally charged and found guilty.
    Are those like pigeon carriers?

    (I'm sorry - I just couldn't let that one pass )

  9. #9
    Join Date
    Jul 2006
    Posts
    1,421

    Default Re: Boyfriend vs. His Step Dad

    Quote Quoting Dogmatique
    View Post
    Dear, many serial killers/wife killers/child killers could say the same thing at some point.
    Like the NJ cop who chased down his ex wife and shot her several times IN FRONT OF HIS colleagues with his 7-year-old daughter in the front seat of the car. He was a cop. He is also going on trial for murder -- after of course he fired several shots into his ex-wife's car in front of his colleagues who did nothing to stop him and then consoled him when they finally arrested him. There is video of the incident as well.

  10. #10
    Join Date
    Nov 2014
    Posts
    22

    Default Re: Battery Charges for Hitting Somebody With a Baton

    Okay posting on here was a complete waste of time. Nobody even remotely gave me what I asked for. I don't care about his career, and yes I know he's dumb for owning a baton (he doesn't own it anymore). All I wanted to know was how you think everything would play out in court.

    Both my boyfriend and his mom's boyfriend talked to the prosecutor, told him they just wanted to drop the charges and move on with their lives. Then they saw the judge, the judge agreed to drop everything. In 6 months if they don't hear anything, the case is 100% dropped and can't be brought up again.

    The baton stick wasn't even brought up. My boyfriend is clear of his assault charge, the mom's boyfriend is as well.

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