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    lynn connelly's Avatar
    lynn connelly Posts: 1, Reputation: 1
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    #1

    May 9, 2014, 11:10 PM
    Help: My Brother Fractured my face in 6 places
    My brother attacked me while at my moms, where he lives. He got in my face and said he was going to F#$K me up! He then proceeded to do just that. :( My family is covering for him. I did however call the police. Even after I called he went for round 2. The officer pressed charges while I was at the hospital getting a cat scan. I have 3 people lying for him, saying he didn't hit me, when truth is he hit me about 14 times. 6 in the face, and the others in my neck and the back of my head. I have had to have my neck fused, he is very aware of this. Punching me in my neck could have killed or easily paralyzed me. CT scan shows 6 fractures. I had a fractured eye socket, I had a fracture that crushed the right side of my nasal canal, 4 fractures to my cheek bone. I had to have surgery on my nasal canal ($13,700) I have to have another surgery in 4 months for a deviated septum is now have from the assault. He knocked out my bridge. That will cost about $4,000. I have trigeminal nerve damage, causing crazy pain. My neck, and nerve pain is worse. I have had to start seeing a pain management Doctor. The ER bill was right at $14,000. Luckily I have good insurance, but the pain management is out of pocket. My brother is saying I fell into a door knob or a wall, and the other 3 are going along with it, although the watched the whole event. I have court in 5 days. He had a record for stealing 20+ yrs ago, but nothing recent. He also filed assault charges against me 5 days later LOL. I only pushed him back once to try to make him stop. Which he didn't. I will have statements from doctors I have seen saying it was blunt force injuries. My question is: What do u think will happen to him? Given my injuries will the judge believe their BS. Will he have to pay my out of pocket expenses? Only being a witness in this case, do I have to except them plea bargaining? Will anything happen to the other for giving false statements. And lying under oath? I am in VA.. Charge is Unlaw wounding, which technically should be Malicious
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #2

    May 9, 2014, 11:35 PM
    I'm certain you have doctor's reports that state that this was caused by something more than a doorknob or wall. Right?

    What will happen to him? We have no way of knowing that. It will depend on how aggressive the DA is in prosecuting him and how good of a lawyer your brother has defending him.

    Only being a witness in this case, do I have to except them plea bargaining?
    You aren't a witness, you are a victim. The DA will work with you to decide whether to accept (not except) a plea bargain.

    Will anything happen to the other for giving false statements. And lying under oath?
    They aren't under oath until they are on the witness stand. They may have given false statements at the time of the incident, but they were not under any oath at that time.

    Given my injuries will the judge believe their BS
    The judge does not listen to testimony only. The judge will have to take into account the medical records, which I assume the DA has subpoenaed.

    Will he have to pay my out of pocket expenses
    As this is most likely a criminal case, probably not. You may have to file a civil case to recoup your costs.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 10, 2014, 01:09 AM
    If he works out a pea agreement with the DA. You have no say in the matter. He and the DA can reach a agreement and then do it. You will not even be told, what that agreement is.

    You can, and should consider suing him ( and perhaps the other 4 people) since they also, witness and did not try to prevent it from happening. And in civil court, this may be enough connection, '

    Most likely nothing will happen to them, for lying, it seldom down.
    Cat1864's Avatar
    Cat1864 Posts: 8,007, Reputation: 3687
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    #4

    May 10, 2014, 04:52 AM
    The second link down on this page, VA DCJS -Publications & Links , is to a .pdf version of victim's rights.

    It explains about plea deals, keeping you informed, etc. It may be able to answer some of your questions.

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