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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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if a person is in a fight trying to defend one of his friends

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if a person is in a fight trying to defend one of his friends because his friend is a minor about to fight a 21+ individual, and punches the guy along with another of his friends.....and for some reason the minor goes into his house and runs back with a knife and stabs the older guy, what type of charges do the initial friends who were trying to defend him without knowing that the stabbing was going to take place (by that time the friends were already away from the scene I.E INDOORS) face?



If there was an assault with no weapon then the charge is assault and they might through in Battery for good measure. It is also possible they could be charged with conspiracy to commit murder or maim or intent to injure, whatever charge the minor has pending. There also may be a "contributing to delinquency of minor" charge. It really depends on how hard the DA wants to throw the book


But to get a conviction on a conspiracy, the state will need to prove beyond a reasonable doubt that the friends knew of the minor's plan to get the knife, and/or encouraged him to do the same. If they cannot prove that beyond a reasonable doubt, then it would be assault/battery.



Customer: replied 7 years ago.
even if the friends were not present when the stabbing took place?...i believe the minor is being charged with the way all people involved have absolutely clean records....thanks a lot currently looking for a lawyer....any good firms on where to start? (Los Angeles, CA)



If he was charged with AWD, then the others should be charged with the assaults they were doing before the stabbing, unless they had a dw in their possession


However, as I stated, there are a number of charges that can be placed it is up to the DA to decide how they will be charged. It is possible they can be overcharged and then a plea will be offered to take some of the charges off the table.


Lawyers can be referred via the CA Bar Association at this link.



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