Assault & Battery my baby's father is in jail! Now what?

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babyandme

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My Fiance who I also have a beautiful 15 month old baby boy with, was arrested tonight for trying to stop someone he knew from attacking another man with a machete. The machete was my fiance's and was in his truck when the man he apparantly knew grabbed it and began chopping away at another man. The man he was attacking was apparantly part of two or more men that had just brutally beaten both my fiance' and this other man.My fiance stated that he was stupid for not jumping in his truck and running away and/or calling the police, but rather he thought he could stop it. Instead witnesses saw him there and claimed he was also an attacker. The police claimed that he was also part of it because they didn't think that the other man would have known where the machete was unless my fiance got it from the truck and gave it to the man. If my fiance knew the man then he had probably given him a ride at one time or another which is something he does for everyone he knows, in which case the man would've known about the machete because it is in clear sight if you look in the truck bed. Or the man could've simply been looking in my fiance's truck for anything to use as a weapon and grabbed the knife because it was there. Right now however my fiance' is sitting in a jail cell charged with a felony; accomplice to assault with a deadly weapon. He may have thought he could stop the attack but froze with shock or fear instead but was there doing nothing and therefore is facing jail, losing his job, and my son and I becoming homeless in the meantime as I am disabled and the father was our only source of income. What bugs me is that he was badly beaten, he even had one arm dislocated from the shoulder, it sounded more like he was the one being attacked and not the other way around. when i stated this to one of the officers over the phone, he replied that my fiance still had one good arm..as if he could still attack with that one good arm..if he were doing that it was probably only in self defense, how many men, unless they had or were some kind of a freak who could keep going with one arm and the other dislocated, the pain alone would have been too much to keep going unless it was in defense of himself or someone else. Anyways, I need help. I'm afraid he's going to jail and don't know of any help out there for families who have the only provider go to jail. Is there help out there? What kind of possible jail time is he looking at? He was arrested in the state of Wisconsin where he is working, but he and his family live in West Virginia, how can that change things? Will he be able to be tried here? If not can he serve whatever sentence here where his family is?
Lots of questions, incredible fear.
 
Instead witnesses saw him there and claimed he was also an attacker.
And , of course, the witnesses are all lying or mistaken. :rolleyes:

The police claimed that he was also part of it because they didn't think that the other man would have known where the machete was unless my fiance got it from the truck and gave it to the man.
A reasonable conclusion. Especially since your fiancé just got thumped by these guys - he had a motive to attack them or hand off the blade to his buddy.

Your fiancé's defense attorney can certainly make an argument for self defense or that the witnesses were mistaken.

Right now however my fiance' is sitting in a jail cell charged with a felony; accomplice to assault with a deadly weapon.
I'd LOVE to know the whole story as to how this fight happened and where they were when it went down.

Were drugs or alcohol involved? (My guess - yes, at least the alcohol.)

What bugs me is that he was badly beaten, he even had one arm dislocated from the shoulder, it sounded more like he was the one being attacked and not the other way around.
Then, if he managed to get away, he should have left and called the cops. Self defense ends when the threat is overwith. If he was no longer being attacked and the machete was drawn, then that was no longer self defense.

Is there help out there?
He will be assigned a defense attorney at arraignment if he cannot afford one on his own.

What kind of possible jail time is he looking at?
That depends upon the specific statutes he is charged with (code sections - numbers) and his prior criminal history ... does he HAVE a prior criminal history anywhere?

He was arrested in the state of Wisconsin where he is working, but he and his family live in West Virginia, how can that change things?
If the crime occurred in a state where he is not a resident then the likelihood of a release on his own recognizance unlikley. He'll almost certainly have to make bail to be let out.

Will he be able to be tried here?
He will be tried in the jurisdiction where the crime occurred.

If not can he serve whatever sentence here where his family is?
Usually, no.

- Carl
 
Unfortunaterly you cannot depend on him for income if he is in jail so you have got to something to support your child. If you are disabled, have you applied for social security benefits? Othwewise you need to find a job, or apply for state assistance/section 8 housing. You should also qualify for WIC.
I would be calling around to friends and family to see if you can stay with someone until you get a source of income. You might be able to even start a home daycare. Its unrealistic to depend on your boyfriend since you have no income.

With all due respect you it does not appear you were at the scene of the crime therefore you really dont know what happened.
 
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