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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31781
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband was in a physical alteration with another gentleman.

Customer Question

My husband was in a physical alteration with another gentleman. Someone called the police and he was arrested for felony assault with a deadly weapon. The gentleman that he fought with fled the scene and was not found so he was not arrested. In my husbands car, they found a small (6-7 inch) stick which I think they are calling the deadly weapon. My husband stated that the other gentleman had a knife so he had the stick for his protection. Being that the other gentlman fled ths scene, there is no way to prove whether or not he did have a weapon. I am trying to find out the worst case scenario for what may happen to hhiim. The poliice dept that arrested himm said his bail is set at $25,000. He is being transfered to the county jail where I am guessing he will have to stay until he is arraigned? ? I am unsure of what could happen and what to expect. I am just looking for some advice and guidance ad tto what should/can be done.Thank you for your time
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'm a Criminal Law litigation attorney. Thanks for your question. I'll be glad to assist.
If there is no victim to be found, it is going to be tough for the prosecution to get any conviction as there is no real proof that a deadly weapon was used unless there are witnesses. Also, there's no way to prove bodily harm unless the victim can be found. Here's a very good link you can read:
Thus, your husband's lawyer should have a good chance to get the charge dismissed unless the victim turns up....and even then, he should have a chance to try and get the offense reduced to a misdemeanor, which will greatly reduce the criminal liability (maximum penalty 1 year).
Customer: replied 2 years ago.
Well, I assuming that there are witnesses because someone called the police. Does this make a difference even if they do not find the other person? I am having difficulty getting any information from the police departen
Expert:  Roger replied 2 years ago.
If there is no victim, it is going to be very hard to prosecute the case because there is no physical evidence regarding injuries, use of a deadly weapon, etc. Instead, you're going to have eye witness testimony, which is first-hand and can be used to say what was seen, but it is not really verifiable because there's no victim.
Thus, it's a tough case to prove without a victim......and having no victim really should help your husband's chances.