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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 34321
Experience:  16 years practicing criminal defense.
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My 17 year old son has a assault charge on him . The mother

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My 17 year old son has a assault charge on him . The mother of the daughter filed it today. They were on a trampoline and the two girls were jumping . My son was just sitting on it. The two girls threw a ball at him and hit him in the face with it. Then they proceeded to kick him. To defend himself he pushed them off. The girl said he drug her off of it and kicked her in the knee.She went to the doctor today for it. The incident happened yesterday afternoon.Can you give me so insite on what we are facing. Thanks Denise
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Barrister replied 5 years ago.

Hello,

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If they are able to prove the allegations, then he could potentially be convicted of misdemeanor assault against the girl and face up to a year in jail if charged as an adult. If he is charged as a juvenile, he could possibly be looking at juvenile detention.

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However the reality of it is that if he was convicted, he would likely get some type of probation and be ordered to pay restitution to the girl's parents for the cost of any medical treatment.

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He could argue that this was horseplay gone wrong, but if he pulled her of and kicked her, that will be a little hard to swallow.

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thanks

Barrister

 

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There may be a time lag between my replies as I am typically working with several customers at any given time, but rest assured, I will get back with you as soon as I am able.

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If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

Customer: replied 5 years ago.
The officer that came to the house told me he believed the girl lied to her mother about the incident,he said it was just horseplay. The girl also texted my son 4 times asking him to come over. We have the text messages taht were sent .My son has never been in trouble and he is scared to death.
Expert:  Barrister replied 5 years ago.

Has your son been formally charged with assault by the prosecutor?

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Did he get a summons to go to court?

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What is the other girl going to testify as to what happened?

 

thanks

Barrister

 

 

Customer: replied 5 years ago.
No not yet. The officer said he would be back Monday to let us know what to do.
Expert:  Barrister replied 5 years ago.

Ok, then tell your son not to worry about it right now. The way these things go is the alleged incident occurs, then upset "victim's" mother gets angry when she sees a bruise and runs down and files a complaint with the police or the DA's office. The DA will then sit on the complaint for a couple days and then decide if he wants to turn it into a formal charge or not pursue it.

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If the police are reporting back to the DA that they don't think the girl is telling the truth, then there is a high probability that the DA will just drop it and decide not to actually pursue it.

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So tell him not to get worked up about it because if they didn't immediately issue a summons and complaint, that means that they are not convinced that charges should actually be placed.

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But a lot of what happens is going to depend on what the other girl that was there says happens as she would be a direct witness.

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thanks

Barrister

 

 

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There may be a time lag between my replies as I am typically working with several customers at any given time, but rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

Barrister and 3 other Criminal Law Specialists are ready to help you