My brother was involved in a serious fight. could he get a jail term?

**sister** · 10-04-2009, 06:48 PM

I am very worried. My brother was involved in a fight where he was provoked by someone who threw the first punch. He retaliated but ended up seriously hurting this guy who is in hospital.
He was intoxicated but claimed he was defending himself.
He definitely needs anger management our family is aware of that and making sure he does it. What I want to know is could he recieve a jail term for this even if he didn't start it because of the serious outcome of the other guy ending in hospital.?

10-04-2009, 06:56 PM

WELL FIRST THE COPS HAVE TO INVESTIGATE 3 THINGS THAT ARE AGAINST YOUR BROTHER HE WAS INTOXICATED 2 EVERYONE CLAIMS SELF DEFENSE AND 3 JUST BECAUSE ANOTHER PERSON PUNCHES YOU OR HITS YOU,YOU HAVE NO RIGHT TO ENGAGE IN AN FIGHT. IF SOMEONE PUNCHES YOU IN THE FACE YOU HAVE NO RIGHT TO GO AND SHOOT HIM OR RETALIATE THATS WHY YOU CALL THE COPS. SELF DEFENSE IS HARD TO PROVE BECAUSE HE WAS DRUNC SO THATS NOT GOING TO HELP HIM AT ALL IF WAS COMING OUT OF WORC LATE AT NIGHT AND SOME GUY JUST FELT TO ASSAULT HIM FOR NO REASON THEN YES SELF DEFENSE COULD BE ACOUNTED FOR BUT IN THIS SITUATION I RECOMEND YOUR BROTHER TO LAWYER UP..DO NOT ACCEPT HE HIT ANYONE NOT EVEN SELF DEFENSE DO NOT SAY ANYTHING TO THE COPS AND IF THE DETECTIVES WANNA CHAT WITH HIM TELL HIM TO LAWYER UP AND NOT SAY NOTHING AND BE POLITE TO THEM TELL HIM TO STAY QUIET ALWAYS UNTIL HIS LAYWER TELLS HIM WHAT TO DO NEXT AND NOT PLEE BARGAIN WITH THE DA BECAUSE HE WILL GET 3 YEARS PROBATION AND HAVE TO PAY RESTUTION NOT BE ABLE TO OWN GUNS FOR 10 YEARS AND HAVE TO DO SOME ANGER MANAGEMENT CLASSES ..AND HE WILL NOT GET A JOB IN A LONG TIME SO JUST PREPARE BY GETTING A LAWYER A GOOD DEFENSE ATTORNEY READY! NOT THE LAWYERS THEY GIVE U AT COURT BECAUSE THEY SUCC CHILE.

AND NO HE WONT DO JAILTIME UNLESS IT WAS HES SECOND CONVICTION FOR THE SAME OFFENSE OR HE HAD PRIORS!BUT FOR SURE PROBATION AND ANGERMANAGEMENT CLASSES THAST IF HE IS FOUND GUILTY OR PLEE BARGAINS

10-04-2009, 07:18 PM

It depends how far he went with ending the fight, and if there were witnesses who saw who started the fight and how your brother ended it.

I mean if he was spending 10 minutes kicking his head in on the pavement, after the guy was unconscious then your brother is unfortunately in the wrong.

Main thing you need is witnesses.

**v197** · 10-04-2009, 08:49 PM

were did it take place was it in a private place?and yes he could possibly get jail time because he was intoxicated

**Falmaata T** · 10-04-2009, 11:54 PM

other guy will most likely say he is defending him self, you need few creditable independent witness testimony.if your brother doesn't have dozen of similar crime,this is real no big deal. in worst case scenario the court will order him to pay medical bill and maybe send him to anger management class.

how the other side going to proof, they didn't provoke fights,talk is cheap. its hard to proof this sort of circumstances.,

**baghdaddythomas** · 10-04-2009, 11:54 PM

The answer to your question is "yes". Laws are different in different states.

Several factors come into play. His record (if any) will be looked at as well. Regardless of being provoked or not, intoxicated or not, defending himself or not - it is possible he could serve time.

The only true way of knowing these answers, spend the money and get a rightous attorney.

Good Luck.

**Chad** · 10-04-2009, 11:54 PM

this case could actually go either way way 1- he gets off for self defense and all is cleared.

way 2- he is charged with assault because he hurt the guy so bad the man could claim that he could have stopped earlier but didn't cause he was intoxicated. Depending on how bad he beat that guy he could also get attempted man slaughter or homicide even though he really wasn't trying to kill the man but stop him from attacking him.

hope everything works out for ya man

**Alex** · 10-04-2009, 11:54 PM

fighting isnt good

**jaz** · 10-04-2009, 11:54 PM

I'd say he will DEFINITELY not get a jail term. The other guy provoked him and threw a first punch.

Your brother fought back because of self-defense, that can be used to defend himself. If the guy who attacked your bro was holding or has the possession of ANY weapon, your brother is 100% safe, and will not get a single chance of getting punished. This is because he saved his own life to prevent the other guy from damaging or killing your bro.

They will probably send your brother for counselling and, make him realise his own mistake (if there is any).

Good luck, and may God be with your family.