Another legal thread -- friend charged with battery 1st

So the wife of a friend in SC was having an affair. Friend found out and was devastated but wanted to move on. For whatever reason she still stayed at the house and he said do not contact the other man while your under this roof. This is while she was getting an apartment.

So one night he sees her looking like she's asleep but with the phone in front of her. She falls asleep like that a bit. He leans over to turn it off, but she's awake and texting the dude. She freaks, accuses him of hitting her (placing hand on her back to see if she's awake) and starts dialing the guy. Friend grabs phone and throws it across room smashing it to bits.

He goes to get something and she bolts for the door hops in her car and takes off wearing a tshirt and boxers.

He decides he knows where she went and goes over to the guys house. He'd been there before, opens the door and walks in. Door wasn't locked. Sees her sitting on his bed with him. Dude says something snarky to friend and friend proceeds to grab him by neck and start punching the dude in the face.

Now it turns out that dude's parents are at the house as well. The father comes in all "who are you! get out!! I'm calling the police!!!!" Friend turns to dudes father and says "This is my wife and your son's been fucking her!"

Cops come. Arrest friend for burglary 1 and battery 1. Spends the night in the county lockup, gets out on bond the next morning and has a hearing in a couple of weeks.

Dude and his father don't want to testify and don't want him to be charged, but since it felony burglary and battery the state can proceed.

Crazy ass wife is trying to convince dude to testify. Her reason for leaving is "He said he'd marry me and build a pool!"

So law talkers, what's the chance to talking to the solicitor to get charges reduced and do something like a pre trial intervention? Friend doesn't have bucks for a criminal attorney. They all want from 5 to 20k up front non refundable and non retainer - so he tells me.

Trying to help him out and willing to call the solicitors office on his behalf if that won't screw things up.

Happy Friday!

 

Sounds like he's fucked. The end.

 

That's what he's worried about. Thank you counselor

 

Yeap, your friend done f@cked up bad. Real bad.

 

Jeez.....shitty situation! Busting into someone's house and assaulting the dude wasn't smart.

 

Nope, but the door was unlocked.

And I forgot to mention both he and his 'wife' had taken Ambien.

And they have a 9 year old daughter.

 

He still has time to leave the country if he has a valid passport. He can start a new life somewhere else.

 

I'm wondering how likely it would be for the DA / Solicitor to reduce charges for a first offender if the victim doesn't want to pursue charges.

that's what I see as the best case.

 

Get a good lawyer.

 

The door being unlocked and the rest of the story dont matter. He walked in someone elses house and beat them up.

If he only gets time he should feel lucky. We had a similar case here last week. Dudes funeral is this week.

 

He can't afford one.

Which bring us to the lesson of the week kids.

If you're gonna be dumb, you gotta be tough.

Or have $$$$$ for a good lawyer.

It's like the circle of life.

 

What's a minimum sentence / fine for burglary and assault like that for a first offender?

 

This.

Entry with intent to commit a crime. That's the legal definition of burglary in SC statute.

 

Minimum 15 years on B1, from my cursory read

 

My girl is a defense attorney. She sees cases like this overcharged all the time. It will get reduced, but it will cost some time and money. He needs to lawyer up and choose his counsel well.

 

Entry wasn't with intent. Intent was to find wife and make sure she was OK. Snapped when dude said something snide to him and then pummeled him. Could plead temporarily insane, or that due to the ambien he wasn't in the right state of mind.

No real damage to dudes face. a few bruises and a bloody nose and lip.

Again, dude doesn't want charges pressed.

 

10 to life on both I think.

 

Does she practice in SC by any chance?

 

I only went into the guy's house to use the toilet, but while I was there his autographed Mick Mars can of Aqua Net fell into my messenger bag. There wasn't any intent...

JBraun is on the right track with this, IMHO. Flinging the biggest gobs of shit to make something stick

 

Why would he go and find her to find out shes "OK"?
She just accused him of assault, going after her is like throwing gasoline on the fire.

I mean, if i wanted to setup my SO into throwing themselves in jail, thats exactly how it would have gone down.

And this whole "stay at my house you cheating whore" would never EVER happen. Why? Exactly because of what you just wrote.

He done fucked himself....