Expert: Robin Sexton - 7/29/2008

Question
a couple of months ago a friend of mine got into an altercation with a former friend over and old couch (he said he broke it but thats not the truth) this is how it happened: my friend was coming of the bus from a day of shopping so he had a lot of bags in his hand the former friend came up and punched him in his face as he was getting off the bus. my friend droppped his bags and so that the former friend wont hit him again he did and they started fighting. somehow during the fight the former friend bit a piece of his nose off. when the police came the former lied and said that my friend jumped him and they both got arrested. during this time orders of protection were giving to the both of them however the former friend keeps changing his story the case went to the DA witnesses were interviewed, now the former was charged with a felony and my friend a misdemeanor, my question is why hasnt the former gotten charged with aggravated assault because he disfigured my frinds face can the former be rearrested?

Answer
Smith,

Charging is strictly at the discretion of the prosecutors office. If they determine that a different charge is appropriate then they would amend the charge not rearrest.  Without comparing the individual statutes there may be a proofs problems and the difference in penalty may be negligible.

Hope this helped

Robin