Silver Spring, MD asked in Criminal Law and Wrongful Death for Virginia

Q: Charges for someone inciting a fight and driving one of the people to fight on the other person's property.

The girl wanted her current boyfriend and ex to fight. She was warned numerous times by someone else not to drive her boyfriend to her exe's house, that someone could die. She still insisted on driving her bf to fight after the warnings. Her bf was killed in the fight. Can she be charged? Everything is on fb messenger including the warnings not to come because someone could be killed. I am not she.

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1 Lawyer Answer
Daniel P Leavitt
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  • Criminal Law Lawyer
  • Midlothian, VA
  • Licensed in Virginia

A: It's hard to say on this fact pattern alone. There are certainly fact patterns that can result in both a charge and a conviction if it arises to that level. But it's certainly possible to get charged. Getting charged means there is probable cause which is not a high standard. Getting convicted in a criminal case is guilt beyond all reasonable doubt so it's a much higher legal standard.

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