View Full Version : physical altercation
momma5
May 17, 2015, 07:00 PM
Husband and family friend got into a physical altercation today. Family friend knocks husband down then throws HOT coffee in husband's wife's face. Family friend Fills out police statement, but doesn't want to press charges. What can happen now?
smoothy
May 17, 2015, 07:09 PM
They can change their mind and press them... so can any of the other involved parties. The police and even decide to forward it to the DA... regardless of what the involved parties want.
Perhaps its time to get your husband into anger management classes.
momma5
May 17, 2015, 07:13 PM
Perhaps you didn't read it correctly, the friend knocked my husband down then threw hot coffee in my face. Why does my husband need anger management because of that?
smoothy
May 17, 2015, 07:22 PM
Takes two... I guarantee he wasn't sitting there quietly and meekly when it happened. Meaning he was a participant, and for that reason. I said that BECAUSE you can't make the other guy go. He could have chosen to argue and escalate the situation, or work to defuse it.
Be glad this time the other person didn't decide to go further... next one might... if you see my point. And why I suggested that, Testosterone can get you in a lot of trouble with the ¿Quién es más macho (who is more macho). I'm a guy and I know all too well what that is.
I'm not blaming HIM (your husband) for it...but he did participate. Cops could decide to charge BOTH parties with assault, but the other guy could be charged with a more serious offense.
He would probably win in the end....but not before incurring legal expenses...meaning its a lose-lose situation. There are some states that are VERY pro-self defense...and some that really frown on those who defend themselves or others.
Was alcohol involved?
Hayley666
May 17, 2015, 08:12 PM
No alcohol was involved. Friend Just made statement. Doesn't want charges pressed, I assume they are aware they can be charged as well. Husband is worried about losing Job
J_9
May 17, 2015, 08:13 PM
It doesn't matter who does or does not "want to press charges." Once a police report is made it is up to the district attorney whether charges will be brought, and on what party.
Hayley666
May 17, 2015, 08:16 PM
What is the punishment typically? My husband is a cdl driver.
J_9
May 17, 2015, 08:19 PM
Why are you using two usernames?
The punishment will depend on your local laws.
Hayley666
May 17, 2015, 08:19 PM
My original email locked me out. Yay for technology...
We live in Oklahoma If that's at all helpful
J_9
May 17, 2015, 08:21 PM
This is a global website.
Hayley666
May 17, 2015, 08:24 PM
So self defense or not, my husband can be charged?
J_9
May 17, 2015, 08:31 PM
There are too many factors, not enough information given, to formulate an accurate answer.
We don't know all of the details. Were there witnesses? Are the witnesses credible?
You really didn't give us much to go on.
Hayley666
May 17, 2015, 08:36 PM
Me and his mom were there. Not going to lie, we all 4 were heated. Friends has a bruised finger, husband has a swollen hand and some marks on his neck from friend grabbing his shirt.
J_9
May 17, 2015, 08:41 PM
Most likely. It will all come down to witness statements.
If you want a REAL answer, you are going to have to paint a picture, not give 2 or 3 sentence responses.
Hayley666
May 17, 2015, 08:47 PM
Sorry I'm tired and my brain is everywhere right now. My husband wanted to talk with this friend. Friend starts yelling, husband yells back. Friend jumps up and pushes husband hard, knocking him down. I try to separate the 2 and Yes diffuse the situation. Friend picks up coffee and throws into my face, husband has gotten up and hits friend in the head. Friend hits back and I tell husband let's go. We go to walk out and friends comes up from behind husband and uses a cast iron skillet to hit him, falling out of the house. We leave. We go home. Friend gets spouse on phone (who wasn't there) and sends sheriff to get statement. Statement is made although Obviously I don't know what was said in it. Friend has a bruised finger and goes to hospital. Husband has a swollen hand and marks all over him, we haven't made a statement or spoken to anyone over this.
AK lawyer
May 18, 2015, 06:28 AM
The only violent behavior on the part of husband, from what OP has posted, is this: "... husband has gotten up and hits friend in the head ...". Sounds like self-defense to me (which means that he isn't guilty of anything), but whether husband will be prosecuted depends upon what the prosecutor believes. Since OP doesn't know what was in the statement, clearly it could contain a completely different scenario.
tickle
May 18, 2015, 06:32 AM
Perhaps you didn't read it correctly, the friend knocked my husband down then threw hot coffee in my face. Why does my husband need anger management because of that?
You said 'family friend knocks husband down and throws hot coffee in wife's face'. Then stated 'family friend doesn't want to press charges'. Which is it. Your husband was the damaged party, right ?
Hayley666
May 18, 2015, 07:13 AM
There was No innocent party here because again. Husband could've walked away. But obviously, heat of the argument. Husband is probably more banged up than the friend is. We've decided not to be around this person ever again, because If this happened once, it can happen again. The friend is considerably larger than husband. Husband is worried what could happen legally. He's the only one who works and we have 5 kids. Obviously stress is high
AK lawyer
May 18, 2015, 07:32 AM
There was No innocent party here because again. Husband could've walked away. ...
You were there and I wasn't, but from the way you related it I don't see it that way. Your husband had been knocked down; you were being subsequently assaulted. Defense of others (such of yourself) is also a viable defense. He didn't need to just walk away.
In some places, the right to defend oneself, instead of "just walking away", is inaccurately termed as a supposedly-rare "stand your ground law". Actually this defense is just-about universal: if it reasonably appears that you can't safely retreat without fear of (yourself or someone else) being inured, you have no duty to retreat.
Hayley666
May 18, 2015, 07:50 AM
When we did try to safely retreat, she had grabbed a skillet and hit him on the back, pushing him into me and both of us fell out of the house. Which I'm sure those parts didn't get reported. ( the whole I'm the victim' routine)
AK lawyer
May 18, 2015, 08:30 AM
... , we haven't made a statement or spoken to anyone over this.
Good. Should the police or other authorities seek to ask you about this, don't answer any questions without your attorney present.
Hayley666
May 18, 2015, 08:44 AM
They're issuing a warrant for his arrest. Apparently her wounds are worse than his..?
AK lawyer
May 18, 2015, 09:35 AM
They're issuing a warrant for his arrest. Apparently her wounds are worse than his..?
Who are "his", "her", and "his"?
And how do you know that a warrant is being issued?
J_9
May 18, 2015, 09:36 AM
They're issuing a warrant for his arrest. Apparently her wounds are worse than his..?
Please clarify. His who? Which "his?"
Hayley666
May 18, 2015, 09:44 AM
I called the arresting agency who told Me the deputy who took the statement was pushing for an arrest warrant to be issued. The arrest warrant will be issued for my husband because his wounds couldn't have been that bad in comparison to the other persons.
Hayley666
May 18, 2015, 12:29 PM
Got a copy of police report. Other person has lied through all of it.
tickle
May 18, 2015, 01:53 PM
So, get a lawyer is the only advice I can give you. We can't help you more than temporary advice not knowing all of the Honest particulars from one side.
What do you want us to say ?
tickle
May 18, 2015, 01:59 PM
I called the arresting agency who told Me the deputy who took the statement was pushing for an arrest warrant to be issued. The arrest warrant will be issued for my husband because his wounds couldn't have been that bad in comparison to the other persons.
What do you mean 'arresting agency' ? The police department ?
Fr_Chuck
May 18, 2015, 10:41 PM
I will add, your friend, is not the one to decide or not to decide to "press charges" that is TV and Hollywood.
In real life, making the police statement is saying it happened, and now the DA will decide if they want to press the charges or not.
So if the DA decides to, some time in the next two week to two months, they issue a warrant for his arrest.
If convicted, he could lose his CDL or at least his job, depending on the companies rules.
James Kie
Jul 23, 2015, 12:16 AM
Yes definitely get a lawyer. Since your are only 17 if worst case happens and u are found guilty your record gets expunged. But this is not a matter to take lightly as this may only be a class 1 misdomeder u could face up to 6 months in juvenile hall. And have to pay a fine. When u hire a lawyer as him to ask the judge if u can get into a divergencey program that way this charge never goes on your record
Fr_Chuck
Jul 23, 2015, 02:45 AM
Hi James and welcome to the site. I will note that your answer is not correct for several issues. One is where is this at ? Laws differ greatly. In Georgia for example, a 17 year old will be tried as an adult, not a Juv and they will normally go to Jail, not juv. In fact many states now treat 17 year old in adult court.
Also no their record is not expunged