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  1. #1
    Join Date
    Mar 2006

    Default Self defense and defense of others in New Jersey

    My friends and I were at a bar one night. One of my friends came in the bar telling me that there were people outside threatening him. I went outside and I asked what the problem was. I immediately saw that he was drunk. I asked if he can forget everything and I'll buy him a drink. I didn't realize he was underage and the establishment was the people that sold him alcohol. Well. This guy started punching me in the face more than one time. I even asked him to stop. His friend held him back. The guy jumped forward and continued so I had no choice and I threw him on the ground and held him there. His friend then started hitting me in the back of my head. At this point, my friend came out and saw what was happening. My friend took the guy punching me in the back of the head and they started fighting. I went inside the bar, paid my tab, got my brother and went home immediately. Apparently, the person that got into a fight with my friend went to the hospital and went through emergency reconstructive surgery. At the time he was with a girl and the girl told the police that it was my friend and my brother who beat this kid up. They are both currently going through the process of plea bargains and maybe even trial. From what I know, the only evidence the prosecutor has is the statement of two people. The girl and the owner of the bar. The girl just recently got into a car accident that was on the news and is now not with us. My brother was inside the bar the whole time and did not see what happened but he does have a past criminal history and is a convicted felon. Nobody has asked me for a statement. And I just can't go there and give one due to being in the military. I am away much more often than not. I can't go through with my brother in jail again, especially for something he didn't do. He has kept the cleanest record with full time college and job since then. My friend is facing these charges for protecting me. I do feel that my friend may have went a little excessive while fighting the other guy. The actual charge is aggravated assault against the guy who went to the hospital, which is the same person who went to the emergency room that night. The current plea bargain for my brother is no jail, just probation and 364 days in jail for my friend. But, I don't believe my brother should accept a plea bargain for something he wasn't even present for. I'm so scared for them. Please help with ANY suggestions.

  2. #2
    Join Date
    Mar 2005

    Default Beating Up A Kid

    So the person who actually beat up the kid won't tell the police that your brother didn't do it? (Or is he presently maintaining silence pending the disposition of his case?) There are not witnesses who can indicate that your brother was not involved in that battery, other than you?

    From what you say, your friend went beyond protecting you and it is no surprise that he was charged.

  3. #3
    Join Date
    Mar 2006


    My friend who is being charged as well already stated to the court that my brother was not involved. But they are all our friends so it can seem biased. The motion for dismissal is out there but not accepted. There are witnesses that were inside the bar that can testify that my brother was inside the bar the whole time. The prosecutor in my opinion is going by my brother's past record. I just want this dismissed without my brother going to trial. I know for a fact he didn't do anything at all but the slight risk of trial and him being found guilty is making me nervous.

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