Need help with a 2nd degree battery charge

UPDATED: Jul 6, 2009

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Need help with a 2nd degree battery charge

My brother (who is 16 with a heart condition) and I (21 years old) were playing basketball at a local gym when a guy (28 years old) was pushing him on the court. My brother asked him to stop. The guy then looked at my brother, and pushed him in the chest with two fist and said “ima keep pushing you” I then hit the guy with a closed fist one time in the jaw. I broke his jaw and it had to be wired shut. Now i’m facing 2nd degree battery felony charges. But i was just taking up for my brother! What can i do to get the charges knocked down to simple battery. I have no prior charges.

Asked on July 6, 2009 under Criminal Law, Louisiana


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

Answered 13 years ago | Contributor

I think you need a good lawyer to defend you on this, because there's a chance you could be acquitted.

In most states, you have the same right to defend someone else who needs it, as you do to defend yourself.  That's limited, to no more force than reasonably necessary to stop the attack on the person being defended.  From your question, the outline of the facts fits this defense.

The chance of being acquitted could also be good enough to get the prosecutor to agree to take a guilty plea to simple battery, it's the sort of thing that often goes into plea bargains.  Whether to take the deal or take your chances at trial will be up to you.  But please, have a lawyer's help with this;  he or she will know how to use the detailed facts to your best advantage.

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 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.

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