My boyfriend is in jail for a third assault and battery, they are listing it as a felony and not dropping it to a misdemeanor. He is not guilty, she has admitted to assaulting him first, yet he still sits in jail. What can he and/or his lawyer do to fight this?

Present a viable defense to the charges.

What is his previous arrest record and what State?

In my county, he'd probably be facing jail time. When you say "she", would the case be one of domestic violence? I ask because you say you're the girlfriend. Hopefully he has a good lawyer and good evidence to make his case.

If convicted, yes some jail time ( well he is sitting now, so he is doing jail now ?)