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Question

My 14 year old son was in an altercation with an 18 year old. Supposedly words were exchanged, my son said say that to my face, 18 year old walked towards my son and my 14 year old punched him in the face and left the scene. The 18 year old called the police and took the plate number of the car my son was riding in. Police showed up at house and issued my son a ticket for 5th degree assault. Haven't been to court yet but could he plead not guilty due to self defense? 18 year old supposedly had to have 30 stitches with a bill of $7000.00 18 year old has now on another occasion waited for my son to leave a local business and has been following my son and his friends and yelling derrogatory & threatening to kick his ass.

Submitted: 18 days and 23 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: Minnesota

Already Tried:
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Accepted Answer

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I would certainly have your son plead not guilty, but I would suggest he not go to any court appearance without a lawyer. He can allege self-defense as his defense, but it will be his burden to prove that he felt that he was facing an imminent threat of harm. Based on the facts you given me, I'm not sure if he did or not -but then I don't have the whole story. However, he told the other boy "say that to my face" and when the boy approached him (possibly to "say it to his face") your son punched him. The question that a judge or jury would have to decide is what was the intent of the 18 year old when he was walking towards your son? Did he intend to hurt him, or not?

 

With respect to the following of your son and yelling of comments, your son could get a harassment restraining order against this boy at the local district court. Because your son is a minor, you would have to file the harassment restraining order on his behalf.

 

A harassment restraining order is an order from court that instructs the harasser to stop harassing you or to have no contact with you. You can get a temporary order, without the harasser present in court, if the judge reasonably believes that the respondent has engaged in harassment. If your petition is based on a single incident, your petition must also state that there is an immediate and present danger of harassment before the court may issue a temporary restraining order.

A temporary order is in effect until a hearing is held on a (non-temporary) restraining order. A restraining order will generally last up to two years.

Violation of a restraining order can result in the harasser being arrested and/or held in contempt of court.

 

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Expert: RobertJDFL
Pos. Feedback: 100.0 %
Accepts: 
Answered: 11/4/2009

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2+ years as an attorney with experience in criminal defense, family law, estates and personal injury

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