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I was in an altercation with a 17 year old at a high school and I am 20. I am charged with battery. I do not want to go to jail for 6 months because of college. What would I need to do to avoid jail time.

Edited by XXXXXXXXXXXX on 5/10/2008 at 12:38 AM

Submitted: 562 days and 7 hours ago.
Category: Legal
Value: $15
Status: AWAITING EXPERT REPLY
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San Jose, California

Answer

Saturday, May 10, 2008

Hello and thank you for choosing Just Answer to pose your important legal question. The law is your shield. This is how I can help you get the outcome you want.

The way for you to prevail is to attack the elements of the charge against you. Think of elements as the pieces of the definition of the crime. A successful prosecution for battery will require the prosecutor to prove each element of the crime. The elements vary by jurisdiction. This link explains more. http://en.wikipedia.org/wiki/Battery_(crime)

You can get the elements by asking a local attorney or by consulting a law librarian in your area. You can find a law librarian, for free, at an area law school and sometimes through the county bar association. You will present a defense that refutes one or more of the elements. And remember that consent may be a defense too. Consent is why boxers cannot sue each other. They consented to the fight in the first place.

Or, you may also negotiate with prosecutor for a reduced charge.

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The information provided is only general in nature and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created. Fees I receive for answering questions are paid for information, not legal advice. Only licensed attorneys in your state can provide legal advice.

 

Expert: G.S.C. Attorney-MBA
Pos. Feedback: 100.0 %
Accepts: 
Answered: 5/10/2008

Attorney

Attorney-at-Law and Business Counselor. The Law is Your Shield. Results-Focused Answers.

562 days and 6 hours ago.

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What I would like to know is, Is there any chance of me going to jail? How much time? can an attorney make the chance of jail time nil? Is there any way of me just paying a fine in lieu of jail time?

Edited by XXXXXXXXXXXX on 5/11/2008 at 4:09 AM

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