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Lucy, Esq.
Lucy, Esq., Attorney
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My Son was charged with assault. He was pushed to the ground

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My Son was charged with assault. He was pushed to the ground first, sustaining minor injuries to his arm. He got up and hit the man in the face. The man went and found a police officer and filed assault charges. My Son had 4 witnesses that he was struck first. The other man had witnesses stating otherwise. The other man was not charged and my Son was arrested. Can my Son also file charges? Why is it up to the officer who is not telling the truth. The police would not take any statements from my sons witnesses.

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Your son can request to file charges against the man who originally pushed him. The unfortunate truth is that officers have discretion to decide who to talk to at the scene and who to charge - and the person who looks more injured is usually considered the victim. That's likely why the officer didn't talk to the witnesses. Also, if the officer felt that a punch to the face wasn't an approrpiate response to being pushed, he can still proceed with the arrest. For the case to proceed, though, the DA has to believe that he can prove the case beyond a reasonable doubt. If your son can raise questions as to what happened, he may be able to have the charges dismissed.

When you son goes to court, he can request to have an attorney appointed if he cannot afford one. The attorney can get witness statements showing exactly what happened and give them to the DA. If it gets to trial, your son may be able to convince the jury that he did not start the fight, which means that he might be acquitted.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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