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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son was getting off work and walking home, when a car not

Customer Question

My son was getting off work and walking home, when a car not looking side swiped him. He then banged on his hood of his car, and proceeded to scream a him through the window. Guy then rolled down his window and spit in his face. Knee jerk reaction, he punched him. Cop saw this happen and proceeded to give my son a citation for simple battery. We live in Louisiana where I see that it is never expunged from your record. This to me seems so ridged? Is it in his best interest to have an attorney present at his hearing? Did I see 6 months in Jail? Thanks...worried mom
Submitted: 9 months ago.
Category: Criminal Law
Expert:  P. Simmons replied 9 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am truly sorry for this dilemma.

Yes...you want to hire an attorney to assist your son. The adage "a man who represents himself has a fool for a client" is often true. If you act as your own lawyer, the court will expect you to know the law/rules/procedure/evidence just as if you were admitted to the bar. They (the court) will not cut you any slack. If the goal is to win the case, hire a lawyer.

What you are describing, I agree this is assault. But it may be the attorney can assist in negotiating a plea agreement that avoids criminal conviction...or, if that is not possible, perhaps they can bring this to trial on the legal theory of "self defense"

LA law provides the following for self defense

the use of force or violence upon the person of another is justifiable when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person's lawful possession, provided that the force or violence used must be reasonable and apparently necessary to prevent such offense, and that this Section shall not apply where the force or violence results in a homicide.

Bot***** *****ne: A lawyer would be helpful to avoid a conviction, or reduce the severity of the charges

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.