What opptions are there for a battery situation?
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What opptions are there for a battery situation?
last night my preg sister was attacked while sitting in the pass seat of the car. The suspect came to the car opened the door and starting hitting on her. The suspect was told numerous times to stop I am preg. and then got on her stomach. The victim then said I am calling the police, the suspect took the phone from her and broke it in half, after having the boyfriend pull the suspect off of the victim, the victim went to the nearest phone and called 911. The ambulance came along with the cops. She went in ambulance and was treated for minor injuries and was told that she had a warrant for her arrest for assault. On the site the officer asked the victim if she wanted to press charges and she said yes, the suspect said she did to since she has scratch marks. In the end, the suspect did not go to jail, the boyfriend did for trying to get the suspect off of the victim and the victim went to the hospitalUpon reviewing the boyfriends cellphone messages this morning there are lots of calls from the suspect leading up to this incident. The incrementing message that was recorded was the suspect cursing at the victim and both the victim and boyfriend telling the suspect to stop. What can we do?? What are her rights?? Does she need to turn herself in or get a lawyer?
Asked on May 17, 2009 under Criminal Law, West Virginia
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Your sister absolutely needs a good criminal defense attorney here. You can find qualified lawyers in your area several ways, including our website, http://attorneypages.com
I don't know whether or not the warrant that your sister supposedly has outstanding has anything to do with the incident you described; either way, it is something that will have to be dealt with. If your version of this fight is believed in court, whatever she did to the woman who attacked her is probably going to be excused as self-defense.
Your sister's boyfriend might need his own lawyer, as well, if he is charged with anything. While I don't practice law in your state, some quick research suggests to me that the defense of another, as long as the force used isn't more than what is necessary to end the assault on your sister, should also be justifiable, and not criminal.
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