Legal advice?
i have a friend who has been accused of beating up another individual fairly severely. the victim was hospitalized for 2-3 days. he was punched and kicked until he was unconscious. now my friend is worried that he will go to prison for this. allegedly the victim hit my friend as well, but he was not injured. the victim further used racial slurs towards my friend. my friend suffers from a condition called "intermittent explosive disorder" where it is, at times, impossible for him to control his reactions when he is angered. we live in the state of wisconsin. any advice on whether he will most likely do prison time or will he be allowed out on probation? i know there is no certainty, just looking for educated guesses. also, what charges could he incur?
Answers:
Not the answer you are reaching for but I would suggest getting an attorney. He will be the one defending you friend. The outcome might rest on the attorney's shoulders. Good luck to your friend.
If your friend has this disorder that you are talking about, is he on any medication and if so had he been taking it, if not i think he could find himself doing a long term in jail. If he was a real man he would have ignored the remarks and just walked away, as he decided to beat the s*** out of this other guy, so much so that he ended up in hospital for 3 days then maybe your friend deserves to be put away. That's only my opinion
"Intermittent Explosive Disorder" is not a legally recognized DSM III diagnosis.
He needs an attorney as soon as possible; if not depending on the severity of the victims injuries, he could be charged with felony battery or attempted manslaughter and do at least 5 years in prison if convicted.
Even if given probation, the victim could still sue and win for their hospital bills, and punitive damages for pain and suffering.
Your friend is in trouble. If he attacked another person and beat them unconscious he is certainly likely to face criminal charges, and possibly a civil lawsuit. His 'condition' is really not likely to hold much water with the court.
His best bet is to get a lawyer and try and plead self defense.
Frankly, it sounds like your friend deserves to be in jail until a 'cure' can be found for his violent ways. People who put other people in hospital like that do not deserve to be walking the streets. People anger me from time to time, but I don't go beating them unconcious.
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