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This is the fourth time I have asked the same question and have not yet received an answer! My adult son was at a party two months ago and had a verbal altercation with an alcoholic male whose blood alcohol later tested at 0.28. My son's was 0.04. The man pulled my son close to him and hit him in the jaw. My son acted in self defense and hit the man in the neck. Unfortunately, he was holding a wine glass and cut the man in the back of the neck. Police were called. My son waived his rights and spoke to the police admitting that the struck the man. Three weeks later he was charged with misdemeanor battery and pled not guilty. Today at a pretrial conference, the prosecution asked for and received a continuance until May 24th to develop further evidence. The prosecution is now talking about a charge of "mutual combatants". Is this good or bad for my son? What does it mean? This is a self defense case that has gotten out of hand.
Already Tried: My son has retained an attorney, pled not guilty, and is facing probably trial for defending himself against a drunken man.
Typically it is illegal for people to engage in a fight, even if both are at fault - this is the mutual combat mentioned. You ask if this is good or bad for your son, and I would say it is good in that the DA is considering a mutual combat situation rather than just a straight battery against your son. On the other hand, it would be better if your son had counsel and the case is either dismissed or he is found not guilty at a trial. Please be sure he has a lawyer, either a hired lawyer or a public defender. If he does not have money to hire his own lawyer, he can ask the court to appoint him one. I hope this helps.
My son has retained an attorney who has advised him that his case is winnable at trial. How could the case be dismissed without a trial? If he is found guilty in a mutual combat situation what does this mean? Will he have a permanent criminal record?
I understood I could ask more questions. How can I do this when the expert is "offline"?
Sometimes a prosecutor can move the court to dismiss a case, prior to or even during trial. If your son has a lawyer who believes that they can win the case at trial, that sounds good. If he is found guilty then he will have a conviction and all records are always "permanent" unless it is actually expunged which may or may not be available in your jurisdiction.
Does this answer your question more fully?
Experience: Licensed since 1985 representing those accused of crime.
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