Legal Question in Criminal Law in North Carolina

the law in north carolina ....

I was arrested last night, and to all the people that know the law and know lawyers, help me out. My brother sparred with this kid but before they even started I made a verbal agreement with everyone out there, that if any of the two (my brother and his opponent) sustains any damages and or injuries that happen during the match you cannot press charges. After the match, the opponent gets mad and starts to charge at my brother. I warn my brother, and then out of the blue, I get sucker punched. After my brother subdue the opponent, I tell him lets go, I reminded the opponent and his friend about the verbal agreement.

Two days later, the police arrested my brother and I, saying that we appeared from some bushes and jumped the opponent. it�s a simple assault charge, but we were falsely accused of a crime we didn�t commit. I want it off my record. We have texts of them scheduling the match.

So I want to know

1. Can you use verbal agreements in the court of law in this way in North Carolina.

2. Can I press charges on the opponent

3. If we have physical evidence, that we were falsely accused, could the charges be dropped on my brother and I.

thanks in advance.


Asked on 11/24/13, 3:27 pm

1 Answer from Attorneys

1) You say 'you' made the verbal agreement but 'you' were not the one fighting so there really isn't an agreement between the parties. Even if there were an 'agreement' it would most likely fall short of an enforceable verbal contractual agreement and at most would be considered an unenforceable gentleman's agreement.

2) Yes, you can attempt to swear out a warrant at your local magistrates office - you will most likely be denied.

3)Mutual combat or agreeing to fight is a defense to a charge of assault so if you have evidence the others involved agreed to fight then yes, it is possible the Assistant District Attorney may consider dismissing the charges or be found not guilty.

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Answered on 11/24/13, 7:59 pm


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