My son was jumped at a college party and defended himself. What can he be charged with?

Asked over 1 year ago - Brockport, NY

The perpetrator punched him first and he fought back and tried to leave but the perp kept coming at him and after mys son was struck again, he punched the perp back. He was surrounded by others in the fraternity and took more punches and as the perp got up to hit him again he kicked him in the face causing a fractured jaw. Does the kick cause a more serious problem or was he in fact continuing to defend himself? The perp was hospitalized.

Attorney answers (4)

  1. Joseph A Lo Piccolo

    Contributor Level 20

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    Answered . He can be charged with Assault 2 which is a felony. He may have a valid defense but that may not stop them from charging him.
    He should make no statements and get him a good atty asap!


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  2. Benjamin J Lieberman

    Contributor Level 20

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    Answered . He could be charged with felony assault and if convicted of that offense incarceration is mandatory. Unfortunately this that he was defending himself is something that he would have to prove in court and won't necessarily stop the government from charging him. Make sure that he has an attorney and that he not speak to anyone at all other than his attorney.

  3. Richard Caro Roxin

    Contributor Level 12

    3

    Lawyers agree

    Answered . Your son can be charged with the felony crime of Assault in the Second Degree. He needs the services of a local, experienced criminal defense attorney, and that attorney is the only person your son should speak with about this incident.

  4. Charles K. Kenyon Jr.

    Pro

    Contributor Level 19

    2

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    Answered . A broken jaw makes any potential charge more serious, yes. He can be charged with whatever a creative prosecutor finds in the statutes.

    Self-defense is a real defense but one that needs to be pursued. It usually will not prevent a charge from being made. Your son needs a criminal defense lawyer, now.


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