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LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 34913
Experience:  30 years legal experience
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My question and answer are intended to assist me in a novel

Customer Question

My question and answer are intended to assist me in a novel I am writing. It deals with criminal law, so I like someone who has some experience with criminal law. Two men were involved in a physical altercation, resulting in the death of the attacking man who is immediately revived through life saving technique, but pronounced dead for several minutes, and substantial injury to the defending man. How would both men be charged? and by who?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  LawTalk replied 3 years ago.
Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

As neither man remained dead, there would be no legal ground to charge either murder, or homicide.

If weapons were used, aggravated assault/batter would be the likely charge. If only fists and feet were used, then unless the prosecutor could show an intent to cause serious bodily harm, or death, aggravated assault charges would not be proper. Rather, the charges would be assault.

You fail to state whether one person was acting in self defense, as this might make a difference in the prosecutor's charges as well.

Where self defense is not evident, both would minimally be expected to be charged with criminal assault and battery.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you need any clarification of my answer.

Please remember to rate my service to you when our communication is completed, so that I will be compensated for my time in providing you with the information you requested. I will be happy to continue further, and to assist you until I am able to address your concerns, to your satisfaction.

I wish you the best in 2013,

Customer: replied 3 years ago.
Thank you. One more question if you don't mind? Would it be possible for one or both parties to drop the charges? Or are charges automatically brought up?
Expert:  LawTalk replied 3 years ago.
Good afternoon Stephen,

Charges may only be dropped on the authority of the prosecutor for the state. Typically, the charges are not dropped, but plea agreements are reached and where there has been no serious/permanently bodily harm, and the persons don't have any criminal history, they are given probation, a fine and perhaps an anger management class to attend.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Customer: replied 3 years ago.
Thanks Doug. That is very helpful.
Expert:  LawTalk replied 3 years ago.
Thank you for your kind words, Stephen. They are appreciated. Please keep in mind that until you rate me highly for my service, I will not be credited with helping you.

Thanks again.

Have a great day,