What defense can you use when a 13 year child defends himself in a fight and gets cited for disorderly conduct. The the other child got cited for assault.
Juvenile Law Attorney
well the ultimate charging decisions come from a police investigation and report, evaluated by a prosecutor. it would appear that the prosecutor read the report, found mutuality in the fight itself between the two kids, but found that one of the kids used excessive force compared to the other child. disorderly conduct, in Oregon law, consists of violent and tumultuous conduct, including fighting. without more information it is impossible to draw distinctions between the behavior of the two kids. if these are the charges, qualified legal counsel might be able to both explain the charging, and successfully communicate your concerns to the prosecutor and court. if these are the just the likely charges as identified by the law enforcement officer in the report and citation, know that it will be the prosecutor who makes the final call on charging, and that the charges cited in the police report are not dispositive.
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