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
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  • 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.

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