All criminal charges are serious. Criminal cases have as a potential outcome a loss of a person's freedom. Although some convictions are expungeable many are not and thus are part of a person's record for life.
Your boyfrienf should Consult and retain an experienced criminal defense attorney ASAP.
Of course, every answer is based on the question asked and requires a complete context. This answer should NOT be relied upon to make any legal decisions. Seek the advice of an experienced criminal defense attorney in YOUR JURISDICTION -BEFORE you do or say anything. Law Offices of Raymond G. Wigell, Ltd. Admitted in Illinois and Federal District Courts in Illinois(Northern, Central and Southern Districts) and Indiana(Northern District), Defenders of the Constitution since 1975; Aggressive Creative Defense Strategies. Website: www.waaltd.com Email: email@example.com Available - 24/7 Office (708)481-4800 Cell. (708)218-0923
You can tell the Judge this, but it will not make much difference. The first phone call you should make is to an experienced defense attorney. The Attorney will be able to contact the District Attorney's Office and try to make arrangements to either reduce the charges or work out a diversionary program for your boyfriend. I do not believe the Government will be willing to throw out the charges (right away), since you did have to receive treatment at the hospital.
Your boyfriend needs to retain a private criminal defense attorney. Good luck.
This response is for informational purposes only and does not constitute legal advice. The response is intended, but not promised or guaranteed to be current, complete, or up-to-date. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between Mark D. Copoulos, Esquire and any party. The responses provided on this website are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in these responses without first seeking the advice of an attorney.
An aggravated assault requires the actor to cause, or attempt to cause serious bodily injury. Serious bodily injury is defined as bodily injury that creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of any bodily function or organ. Based on what you have described, an aggravated assault is more than questionable in this case.
Two things: #1 Your boyfriend need an aggressive criminal defense attorney to assist him. #2 Your opinion matters, but the state is not required to do what you, as a victim, want on the case. (ie: dismiss the case). The state needs to take your version of events/ opinion of the crime into consideration in deciding how aggressive they want to be in prosecuting the case.
You need to request to speak with the prosecutor on the case, and find out if they have a victim's advocate that works with their office.