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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102346
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son was evolved in a family altercation, which resalted

Customer Question

My son was evolved in a family altercation, which resalted in a big fight, in my opinion they started with him. They went to him looking for a fight.what can I do
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Ely replied 4 years ago.
Hello friend. My name is Ely, and welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your son's situation. Can you please tell me:

1) What is he charged with exactly?
2) Does he have a prior criminal record?
3) How old is he?
4) What are you asking here,exactly, i.e. what do you need to know?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.
Domestic violence, he had a disorderly conduct but it was dropped , and he is 19 years old.
Expert:  Ely replied 4 years ago.

Thank you. Now, what exactly are you asking here? What do you wish to know?
Customer: replied 4 years ago.
What is he looking at,. What are the possible outcomes
Expert:  Ely replied 4 years ago.

Thank you. One last question, please: who was/were the alleged victim(s) and are they willing to testify that he did not do anything wrong?

Customer: replied 4 years ago.
Not sure about who will testify, the family members who started the whole thing said they didn't press charges, one young man was arrested because he argued with the officer, trying to explain how they came to him starting trouble , this is how things went.... June27 I was home with my dieting grandmother the matriarch of our family, my aunt was at home with me all that day, her daughter came over, at the time my son had a Juvenal Warrent on probation violation, he kept calling me asking me for money cause he was hungry, I told him know and hung up, my cousin picked up the phone when he called again I didn't tell her to do this, he called her out of her name using the B word she hung up told her mom come on let's go out to where he's at, she went out their, called him ,now I'm not exactly sure what happened out their, emotions were high, for some reason he got so angry he hit her window and it broke.. Her mom got out the car she tried to grab him he pushed her in the face. Next thing you know the whole family ended up out their, because my cousin told everybody my son beat his mom up, now she got her son in the middle of the street fighting his cousin my son she cheering him on it was a big mess,a big mess. She called me calling me all out of my name telling me I was gonna pay for her window, then she tells me my son hit her's more if u need it but that is for the most part the jest of it
Expert:  Ely replied 4 years ago.
Okay, thank you.

What is he looking at

A first conviction of domestic violence for an act of physical violence or attempted physical violence is a misdemeanor of the first degree, punishable by up to six months in jail and/or a $1,000 fine.

However, this is in the worst case scenario.

What are the possible outcomes

He is likely to be offered deferred prosecution, which is a type of program that ends in non-conviction if he takes a few anger classes, does community service, and stays out of trouble. See here for a good explanation.

what can I do

You may wish to bail him out if this has not already been done, and to have him begin attending anger management classes HIMSELF without a Court order, which would look very good to the prosecutor, who may agree to deferred adjudication. Likely, this matter will settle in a plea bargain, and the prosecutor will offer a favorable plea deal because this is a minor matter in the end, and they have much "bigger fish" to which they want to allocate resources.

Good luck.

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