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Two person fighting, one wins, no wittnesses; who will get charge?

Asked over 2 years ago - San Francisco, CA

two person fighting, one wins, no wittnesses; who will get charge?

one person is beaten up badley, the other person not a scratch. There are no witnesses. In this scenario, who goes to jail?

Which is the best defense?
1. I didn't do it.
2. mutual combat.
3. self defense.

Additional information
well, i once heard saw a smal claims court on tv. some young guys rode through this guy riding the bike and they made rude gestures and remarks at him and then the guy on the bike threw a big rock at the car that rode through, the guy in the car stopped and beat him up really bad. in small claims court the guy in the car wins. so how does that work?

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Attorney answers (3)

Nicole Quijano Valera

Reputation Level 13

Answered over 2 years ago. Criminal Defense Attorney in Los Angeles, CA.

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In my experience, I've noticed that in mutual combat situations, the person who calls the police first and/or the person with the most injuries ends up being the victim. It is hard to say what a good defense could be since I haven't viewed a police report, but I can tell you that depending on the seriousness of the injuries, there could be potential felony charges. And with no witnesses that you know of, it would be one person's word against the others.

Good Luck!

www.NicoleValeraLaw.com/Violent-Crimes.asp

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John M. Kaman

Reputation Level 20

Answered over 2 years ago. Criminal Defense Attorney in San Francisco, CA.

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Ms. Valera is absolutely right. The one who calls the cops ends up being the victim. If both call the cops then the one who is most injured is the victim. Defense #1 sounds like a lie; defenses #2 and #3 might work depending on your credibility vs the victim's. I would add that if one person is really clobbered and the other one bears not a mark defenses #2 and #3 become less credible.

John M. Kaman

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