Will my boyfriend have to go to jail after our fight? 33 Answers as of June 11, 2013

I only bit him because he would not let me leave, took my cell phone and keys, and held me down. I need to know if he could then be charged with anything based on why I bit him? He is on parole (almost off) and a new charge would mean a violation/jail.

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
He could be charged witha crime but he may or may not go to jail depending upon the circumstances.
Answer Applies to: New York
Replied: 10/31/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
If he was arrested for Domestic Violence and is on parole there is a good chance he will be violated and return to jail either on a parole violation or on a conviction for the assault charge. Perhaps you should consider finding a boyfriend who is not going to assault you and who is not a criminal.
Answer Applies to: New York
Replied: 9/2/2011
Michael J. Gardiner, Attorney at Law | Michael Gardiner
Sounds like he could be in jail right now on aviolation.
Answer Applies to: Rhode Island
Replied: 6/11/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
He could go to jail that depends on the judge.
Answer Applies to: Michigan
Replied: 8/30/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
A fifth degree domestic assault can be very serious. It is punishable by up to 90 days in jail and a $1000 fine. In addition to the possibility of jail time, an assault conviction also has broad ranging collateral consequences. As a result, it is extremely important to protect your public and criminal record. First, if convicted of an assault, employers who require a background check will not hire you. That is particularly true if you work closely with customers or in some other service oriented profession. Second, many landlords now perform background checks for applicants and, if you decide to rent, you may be denied an apartment with a crime of violence such as an assault on your record. Third, a conviction for assault may result in licensing problems for certain occupations or interfere with acceptance into some schools of higher learning.Finally, it is also compelling that a non-citizen may suffer deportation and, even a citizen would lose their right to possess a weapon ,even for hunting purposes, after a conviction. Often, the best defense is a good offense. In most instances, an argument for self defense or defense of others may be made and Motions should be served to acquire all statements and medical records from the prosecution. In a mater where there is use of dangerous weapon alleged, it must be shown that the person charged used commensurate force to whatever threat was presented and, in may instances, there is also a duty to retreat before responding with force. Often, with skilled legal representation jail time and convictions can be avoided.
Answer Applies to: Minnesota
Replied: 8/29/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    It could be possible that he is charged. The prosecutor will ultimately decide who to charge and what to charge based upon the investigation reports.
    Answer Applies to: Kansas
    Replied: 8/29/2011
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    He could if he is convicted unless it is agreed to not violate his parole from the conviction.
    Answer Applies to: Louisiana
    Replied: 8/29/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Sounds like a great relationship - Hardly. Your boyfriend is facing some very serious problems: 1. You have described a domestic violence/assault. Depending upon the severity of the assault, at minimum, he will be charged would be assault 4, which is a gross misdemeanor, punishable by up to a year in jail. If there was a restraining order in effect to keep you two apart prior to this incident, the assault becomes a felony charge, or if you were injured, depending upon the injuries you sustained, . also a felony. If there was no order of protection/no contact order in effect prior to the incident, then a court is most certainly going to enter one to keep the two of you apart. 2. You have also mentioned that you boyfriend is on parole - which I assume is felony probation; but none the less, he is on some form of probation with a court for a prior charge (hopefully not another assault or domestic violence). In any event, a condition of probation/parole, is "no new law violations". This does not require a conviction. Sounds to me like your boyfriend may be looking at a parole violation, which could well mean jail time on that case, AS WELL AS potential jail time on the incident he had with you. If you had to bite your boyfriend, the situation must have been pretty bad. By your inquiry to me, he very clearly assaulted you. Sounds bad. One has to wonder WHY he is still your boyfriend. If he assaulted you once, he will, at some point do it again, especially if you continue to minimize the incident which seems evident from your inquiry to me.
    Answer Applies to: Washington
    Replied: 8/29/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    It will largely depend on parole officer and police department as well as facts of case. I can not give advise without more information.
    Answer Applies to: New Hampshire
    Replied: 8/29/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    Whether he is charged is up to the police. Whether the activities result in charges related to an parole violation are up to a parole officer. I'd recommend that your boyfriend or yourself obtain a lawyer.
    Answer Applies to: Michigan
    Replied: 8/29/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Based on the facts given he could be charged with domestic violence and/or interfering with your use of a communication device. Both are misdemeanors.
    Answer Applies to: Michigan
    Replied: 8/29/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    It would appear that your boyfriend is either charged with or about to be charged with domestic violence (assault or harassment). Once charged, you are not at liberty to drop the charges and he can be prosecuted for those charges. You can be compelled to testify against him. If convicted of domestic violence, and he is on parole or probation, it is fairly certain that he will be revoked and sent to prison. The parole board and courts have little tolerance for domestic violence convictions.
    Answer Applies to: Alabama
    Replied: 8/29/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    He could be charged with Domestic Violence and if so he will be revoked and sent back to jail.
    Answer Applies to: Alabama
    Replied: 8/29/2011
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    If your boyfriend was arrested the final outcome of his case depends on the court's decision. The arresting officer may release him on a summons or take him before a magistrate who will consider whether to bond him out or keep him in jail temporarily. Bottom line: the outcome differs with the specific case facts, starting with the arresting officer's decision whether to remove him from the premises, take him to a magistrate for an assault warrant (magistrate then decides about jail), or order him to leave your house.
    Answer Applies to: Virginia
    Replied: 8/29/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    If he is on parole there is a good chance he will go to jail. He should hire a good lawyer.
    Answer Applies to: Massachusetts
    Replied: 8/29/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Possibly. A new charge would not even depend on how you feel. Once police are called, it's out of your hands.
    Answer Applies to: California
    Replied: 8/29/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    He most certainly could/would be charged with a number of criminal offenses as well have violated his probation. It is very important that he hire counsel immediately.
    Answer Applies to: Washington
    Replied: 8/29/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    It sounds like you should ask this question to the prosecutor or the victim's right advocate in your case. Much will depend on what is charged and what evidence there is against him. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 8/29/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    If they were going to charge him, they probably would have done it that night. That doesn't mean that they couldn't do it later however. It's possible he could be charged with a crime for what occured, but he may have grounds to offer a defense. He would probably get violated if he is convicted of any type of crime, so he needs to keep that in mind before he decides to plead guilty to anything.
    Answer Applies to: Michigan
    Replied: 8/29/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Sure. Taking your cell phone or keys, holding you down, and not letting you leave could be kidnapping, among other things, and a police officer or prosecutor would be likely to see that as domestic abuse and treat it as more serious than the same conduct as part of a prank or some such.
    Answer Applies to: Oregon
    Replied: 8/29/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You could be charged with domestic violence.
    Answer Applies to: Michigan
    Replied: 8/29/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    Yes, that is false imprisonment and harassment DV. But what caused the fight? Who hit who first? Did he have a good reason to prevent you from leaving? Like to prevent a DUI or bc you threatened to harm yourself or another?
    Answer Applies to: Colorado
    Replied: 8/29/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    If the police were called and he was arrested then, yes, it will very well be considered a violation. If the incident passed without anyone else being involved then there's no way for anyone to know about it.
    Answer Applies to: California
    Replied: 8/29/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you press charges against you boyfriend, then he may have to go to jail, and may be barred from having any contact with you in the future. but from what you relate here, no charges have been pressed, nor had he been arrested. If he is arrested and you proceed with charges as the complainant, then you will have to deal with the consequences, and jail is a definite possibility.
    Answer Applies to: Illinois
    Replied: 8/29/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    What he did was unlawfully imprison you. Your biting him was legitimate self-defense. The only way your boyfriend could be in trouble would be if the police were involved. However, I would add that your boyfriend's behavior was totally wrong and inappropriate and you should give some serious thought to getting away from him.
    Answer Applies to: Washington
    Replied: 8/29/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    Your boyfriend is at risk for a parole violation and new charges with a potential domestic and interference with a 911 call. Please give me a call.
    Answer Applies to: Minnesota
    Replied: 8/29/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    were the police called? No, then there is nothing to worry about. Yes, then you should expect that he will be violated.
    Answer Applies to: Georgia
    Replied: 8/29/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    He could likely face charges depending on who started the altercation, what specifically happened, and what was told to the police. Any number of possibilities could occur and it is difficult to predict what may happen.
    Answer Applies to: Minnesota
    Replied: 8/29/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Your boyfriend could certainly be charged with 'Spousal Battery' (California Penal Code (PC) section 273.5(a) or 243(e)(1)), or with 'Assault', PC 245(a)(1), or 'Battery' itself, PC 242. He could also be charged with 'False Imprisonment', PC 236, and possibly 'Obstructing Use of Cell Phone to Call Law Enforcement', PC 591.5. I would not be surprised if the Board of Prison Terms found a violation of his parole.
    Answer Applies to: California
    Replied: 8/29/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Yes he can be charged. A charge would violate his parole and there would be a parole violation hearing. The standard of proof is lower than for a trial on the charges. If the judge finds that he violated his parole then he can send him to prison to finish out his time.
    Answer Applies to: California
    Replied: 8/29/2011
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    It depends. Did you call the police? Did someone file a report? Only the prosecutor can decide what charges to bring against him.
    Answer Applies to: Pennsylvania
    Replied: 8/29/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    He could be charged with assault and theft and possilbly unlawful imprisonment.
    Answer Applies to: Washington
    Replied: 8/29/2011
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