Asked in Native American Law, Criminal Law and Juvenile Law for Louisiana

Q: What if you get charged with second degree battery but it was three people who jumped on one and only one got charged

They was in a juvenile jail that happened two years ago when they had did this but only one had got charged he only kicked him in the back and got charged with second degree battery

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In Louisiana, a charge of second-degree battery typically involves the intentional infliction of serious bodily injury. If only one person out of three involved in a fight was charged, it may be due to a variety of reasons, such as the specific actions of each individual, witness statements, or evidence available to law enforcement and the district attorney.

It's important to remember that each person’s involvement in an incident like this is evaluated individually. Just because someone is the only one charged doesn’t necessarily mean that the others won't be charged later, especially if new evidence comes to light. The decision to charge someone is often based on the evidence available and the perceived severity of each individual's actions.

For the person who has been charged, it is crucial to seek legal advice from an attorney. An attorney can help understand the specifics of the charge, evaluate the evidence, and provide guidance on how to proceed, including exploring possible defenses or mitigating factors. This is especially important in juvenile cases, where the legal process and consequences can differ significantly from adult criminal proceedings.

Additionally, if there are concerns about unequal treatment or questions about why others involved were not charged, these can be discussed with the attorney. They can provide insights into the legal process and may be able to take steps to address these concerns.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.