My friend was punched in the face and his jaw was broken on spring break in Florida. The person who punched him was arrested and charged with assault. There are many witnesses and everyone says the case would surely result in the defendant being found guilty. He pled not guilty at the arraignment and we are facing a plea bargain that would knock the charge from a felony to a misdemeanor. We are not trying to ruin this person's life by getting them charged with a felony. We just want all of our friend's medical expenses paid in full. Would our friend get all his medical bills paid if he was charged with a misdemeanor instead of a felony?
Criminal Defense Attorney
The issue you are actually referring to is restitution, which typically is not tied to the gradation of the offense, but to the seriousness of the injury or loss. I suggest your friend contact the victim/witness coordinator and the prosecutor assigned this matter to discuss the extent of the injury and the financial loss incurred. Make sure your friend has copies of all of the medical bills showing what was not reimbursed, and therefore an out-of-pocket loss. Good luck.
This answer does not create an attorney-client relationship or constitute legal advice. Instead, given the nature of this website, it is provided solely for informational purposes, for you to use as a starting point when speaking directly with a lawyer in your State. Do not assume that the legal theories I mention that pertain to NJ will apply in your State. The laws of each State; and, the facts of each case are different, and it is therefore critical for you to consult with a lawyer admitted to practice law in your State before making any decisions on how to handle or dispose of your case.
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