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The Law & You

My Brother Was Charged for a Fight He Didn’t Start. Can He Get Out of the Charges?

The Law & You
August 28, 2018

The Law and You

My Brother Was Charged for a Fight He Didn’t Start. Can He Get Out of the Charges?

A viewer’s brother was charged with simple assault and disorderly conduct for a fight. His brother says he didn’t start the fight, but admits that he did participate. Is there something he can do to get out of the charges?

Dave Kuharchik: We have a question tonight about a fight that broke out. Here are the guys that never fight, Attorneys Greg Fellerman and Ed Ciarimboli.

Greg Fellerman: We only fight for our clients.

Ed Ciarimboli: That’s right.

Greg: We fight for our clients.

Dave: On the “Law & You” set, it’s very civil. Let’s get to our question tonight and that involves the scenario here from Frank in Hazleton. He says, “My brother was charged with simple assault and disorderly conduct. He swears he didn’t start the fight but he sure did finish it. What can he do to get out of the charges?” What can Frank do, if anything?

Greg: At least he’s honest.

Ed: At least he’s honest. Frank, your defense is going to be self-defense and basically, you have to hope that they believe you. Because if they don’t believe you, then you’re going to be charged with simple assault. You better get a lawyer, Frank.

Greg: Yeah, get a lawyer. The good news is these are misdemeanors of the second degree, not a felony. In this situation, these assault cases, sometimes you get them worked out. And if it’s really a true mutual combat type of situation or self-defense type argument, you may have a chance to work it out at the district court level, the central court here in Luzerne County. But, don’t show up without a lawyer. As a former prosecutor, it’s good to have a defense lawyer to talk to. So I would definitely have defense counsel on this one.

Dave: And this is a case where you guys don’t do this type of work but you have some good referrals for people.

Greg and Ed: Yeah.

Dave: All right, if anybody needs help, how can they reach you?

Greg: Call us, 570-714-HURT. See us on the web,

Ed: Frank, we’ll get you to the right person.

Dave: All right, results matter. Attorneys Greg Fellerman and Ed Ciarimboli, gentlemen, thanks so much.

Ed: Thanks, Dave.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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