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Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10628
Experience:  Over 10 years of criminal defense practice.
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So... not much of a question as an explanation. We where at

Customer Question

So... not much of a question as an explanation. We where at a bar and got in an argument with a bouncer. The argument escalated to the point that I threw my beer in his face. ONly the beer not the glass. I understand this was uncalled for and shouldn't have done it, period. After that he proceeded to punch me in the face and knocked me to the ground, then he was chocking me and rubbing my face on the ground. As he punched me a girl friend of my wife punched the guy in the face forgetting she had a beer bottle and cracked the guy in the head. Nothing serious as far as hurting the guy, but she was brought to jail on felony assault and battery with a dangerous weapon charges. I took of running. All they have on a statement is a description of me but not my name. She was released because the story of the bouncers did not add up to her story and there are no witnesses or camera recordings thus far. Bouncers are saying they were trying to break up a fight, but there was no fight. I did threw a beer in his face, but that was no reason to punch be and chocked me to the point that couldn't breath and almost passed out. They were also trying to break my arm intentionally after I was on the ground not resisting. There was no fight. She was told by a detective that her charges probably were going to be dropped from a felony to a misdemeanor as she does not have any previous charges on her record at all. The detective told her to bring witnesses to court to prove that she did not intentionally mean to crack a bottle over someones head, instead she was trying to hold the bouncer back from punching me more and that the bouncer was the one that punched me. She wants me to be a witness, but one I am afraid to be charged with something and 2 I don't even know what happened, I was on the ground the whole time. The detective mentioned that if I were to be a witness, I would not get in trouble. Now, I am worried because I am here on a permanent resident card and I CANNOT afford to have anything on my record, specially a assault charge. If I get charged with a felony, I'm done. I have to kids, a wife and good career here. If I get a misdemeanor is not going to look good when I go in for my renewal this year. Do i run the risk of being charge with something considering I threw beer, not the glass, on someones face and fled the scene. Thanks.XXX@XXXXXX.XXX
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Nate replied 2 years ago.
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.

Technically, throwing beer on someone's face is considered assault and battery. Though obviously not anything that could cause any real damage, it would be considered "offensive contact", which is enough. You are right to be concerned about your legal status as well. You would be taking a big risk testifying.

I suggest you let her know you didn't see anything and cannot really help. If the detective asks you to testify, you can tell him the same thing. If you show up and testify and the bouncer remembers you're the guy who threw beer in his face, he can still press charges.

In all, you stand to risk too much. I suggest testifying would not be a good idea.

Please remember to only rate my answer when you are 100% satisfied.  IF you feel the need to rate "Poor Service" or "Bad Service", please stop and reply to me via the REPLY TO EXPERT button with the issue you have.

I am not paid unless I get a rating of 3 to 5 Stars/Smiley Faces.  If I have helped you with your question, please give me an appropriate rating so that I get credit for helping you.

Thank you,
Nate

Customer: replied 2 years ago.
Thanks a ton. I want to help her out, but I cannot do it if I am risking getting deported. Also, my wife was there and she is asking her to testify. Will they make here say that I am her husband or press her to say something? Sorry should ve mention that before.
Expert:  Nate replied 2 years ago.
Probably not. Typically all they would ask is what her relation is to the victim, and the answer to that is fairly obvious, "She's a friend".

If you have further questions, please feel free to continue. If not, please do remember to leave a positive rating for my assistance today.

Thanks!
Nate
Customer: replied 2 years ago.
Probably does not make me feel 100% comfortable. Should I get an attorney for my wife as a witness.


Or is it irrelevant for the prosecutor to ask that question. Like, what is your relationship with the guy on the ground? She wants to help her friend but unfortunately I am her husband and she doesn't want to me at risk. SHould she say the same to her friend. SOrry I didn't see anything, because I don't think she really did.
Expert:  Nate replied 2 years ago.
Well, I cannot offer 100% assurances. No one can do that. But, based on my ten years of criminal defense experience, I don't see the prosecutor delving deeply into her personal life. All the prosecutor is going to want to get to is what happened. An attorney for her would send up the alarm bells as witnesses not in danger of prosecution do not usually hire attorneys. That probably is not the best idea.

If she is willing to not testify, then I would certainly consider that the best option. The further both of you stay away from this, the better.

Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10628
Experience: Over 10 years of criminal defense practice.
Nate and other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your very prompt response. I really appreciate it. Unfortunately I did not leave a tip. I am currently not in the best financial situation, being the reason why I went online for an answer and not an attorney in town. Thank very very much! :)
Expert:  Nate replied 2 years ago.
You're so welcome. Good luck!

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