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My son was getting off work and walking home, when a car not…

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My son was getting off...
My son was getting off work and walking home, when a car not looking side swiped him. He then banged on his hood of his car, and proceeded to scream a him through the window. Guy then rolled down his window and spit in his face. Knee jerk reaction, he punched him. Cop saw this happen and proceeded to give my son a citation for simple battery. We live in Louisiana where I see that it is never expunged from your record. This to me seems so ridged? Is it in his best interest to have an attorney present at his hearing? Did I see 6 months in Jail? Thanks...worried mom
Submitted: 2 years ago.Category: Criminal Law
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2/25/2016
Criminal Lawyer: P. Simmons, Lawyer replied 2 years ago
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 36,976
Experience: 16 yrs. of experience including criminal law.
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Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am truly sorry for this dilemma.

Yes...you want to hire an attorney to assist your son. The adage "a man who represents himself has a fool for a client" is often true. If you act as your own lawyer, the court will expect you to know the law/rules/procedure/evidence just as if you were admitted to the bar. They (the court) will not cut you any slack. If the goal is to win the case, hire a lawyer.

What you are describing, I agree this is assault. But it may be the attorney can assist in negotiating a plea agreement that avoids criminal conviction...or, if that is not possible, perhaps they can bring this to trial on the legal theory of "self defense"

LA law provides the following for self defense

the use of force or violence upon the person of another is justifiable when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person's lawful possession, provided that the force or violence used must be reasonable and apparently necessary to prevent such offense, and that this Section shall not apply where the force or violence results in a homicide.

Bot***** *****ne: A lawyer would be helpful to avoid a conviction, or reduce the severity of the charges

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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