What opptions are there for a battery situation?

UPDATED: May 17, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 17, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption