Assault that resulted in !!!!!!!!!!!!!!

jenreily89

My Boyfriend recently engaged in a stupid fight outside a pub and the man that he was fighting with broke his jaw...Does anybody know what process will take place ..?throught the courts or will he just get an adukt caution

any feedback would be appreciated:)

WIZE

Who started the fight

Is your BF pressing Charges or the other bloke

coylemj

WIZE wrote: »

Is your BF pressing Charges or the other bloke

Is anybody pressing charges? Are the Gardai involved? Are there independent witnesses?

More data needed.

FunnyStuff

assault or common fight? your bf's jaw broken or the other guy's?

DeepSleeper

jenreily89 wrote: »

... and the man that he was fighting with broke his jaw...

Just to clarify... Do you mean:

(1) the man that he was fighting with broke [your boyfriend's] jaw

or

(2) the man that he was fighting [had] his jaw [broken by your boyfriend]

jenreily89

sorry about the lac of detail.....

its my boyfriends jaw thats broken...the gardas were called and he gave a statement but hes not sure if he wants to press charges because they were both drunk but he wants to know what will happen to him if he does press charges,its looking like he will press charges because he didn start the fight the bloke just started on him

jenreily89

coylemj wrote: »

Is anybody pressing charges? Are the Gardai involved? Are there independent witnesses?

More data needed.

my boyfriend,who has the broken jaw,gave a statement to the gardai that night but is unsure about pressing charges..what action will be taken

cushtac

jenreily89 wrote: »

my boyfriend,who has the broken jaw,gave a statement to the gardai that night but is unsure about pressing charges..what action will be taken

No action will be taken against the other party if your boyfriend doesn't press the issue, however the other party may make a complaint against your boyfriend.

Delancey

Be aware that if your boyfriend does not press charges that will almost certainly impact his entitlement ( if any ) to Criminal Injuries Compensation.

jenreily89

yea but what court will it go to if he does press charges??does anyone know...

Delancey

jenreily89 wrote: »

yea but what court will it go to if he does press charges??does anyone know...

Probably the District Court but there is a chance the DPP may seek to have it heard at Circuit Court given your boyfriend sustained a serious injury as he did.
This of course assumes a Garda investigation traces the culprit and sufficent evidence exists to charge the alleged assailant.

MagicSean

Very doubtful it will go higher than district. I saw a case where a fella lost an eye dealt with in the district court as a section 3 assault. At the same time they could decide to caution him for a section 2 assault. There's no telling what can happen.

WildOscar

cushtac wrote: »

No action will be taken against the other party if your boyfriend doesn't press the issue, however the other party may make a complaint against your boyfriend.

is it not the cops who decide that?

cushtac

WildOscar wrote: »

is it not the cops who decide that?

Unless Gardaí actually witnessed an incident they need a statement of complaint from someone before it is investigated. A complaint may not result in a charge or summons, but it will be investigated.

Rhamiel

THe guy could be convicted of section 2 assualt or section 3 assualt causing harm.

Obviously harm has been caused to your boyfriend but the interpretation of what level of 'harm' warrants a section 3 is not clearly defined. A broken jaw should surely be enough in my opinion though its possible DPP/Guards could go down section 2 route. If it is deemed a section 2 and he has not been in previous trouble he can get away with an adult caution. If it is deemed a section 3 or he has already gotten an adult caution it will go to court - District or Circuit.

If you say this guy started it your bf should make clear that he was defending himself by engaging in the fight if not done so already, a medical report will also more than likely be obtained from hospital detailing your bfs injuries (I assume he went to A&E) and this should further back your case.

Dont worry, your bf probably could have walked away but sounds like this guy was an ass and should get whats comin' to him.
Good Luck and hope ur fella is on the mend!

Dylan123

If your boy friend does not press charges the person(s) who attacked him will do this again and again.

Is it ok to say. "I beat up my Wife because i was drunk." NO of course not!

Press charges! I have no time for dirty violence.
If you are interested in fighting - start martial arts and fight a stronger opponent. Getting drunk and picking on people in the street is truly cowardly! I know very tough martial arts instructors and they would not dream of fighting in the street - or even interfering. These wimps need to be in front of a judge!