What can happen to someone who has been arrested for aggravated assault?

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What can happen to someone who has been arrested for aggravated assault?

My brother has been charged with aggravated assault. He has no prior arrests. He is 25 years old and about 6’2 225 lbs. He met a girl at a bar and was going back to her place around 3 am. Another man followed them out of the bar and tried to sell them drugs. My brother told him to leave them alone. The man became angry and pushed my brother. My brother hit him in the face knocking him unconscious and kicked him in the head several times while he was on the ground. The police saw my brother kicking the man and arrested him. He is now charged with aggravated assault. What could the penalty be.

Asked on July 25, 2011 New Jersey

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It appears by what you have indicated that this was a case of self defense and the police (as is common) acted based on what they witnessed. At this point, your brother has at least one witness (the girl). So, he needs to immediately get a criminal defense attorney and see who else can help (politicians in an election year can be helpful) and show and prove that he was acting in self defense when this person approached him for the purpose of selling him drugs and then assaulted him first for refusing the sale. So, at this point, think about other forms of evidence. You have one eye witness. If this drug dealer has a record, that can be used to impeach his own testimony. Also, did surrounding businesses or the business from where he exited have any video capturing this activity? Talk to the criminal defense counsel -- a private counsel is better than the public defender merely becaue of docket load and bring up these ideas.


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