My son was involved in an altercation with an ex and has been charged with simple assault. He has never been in trouble. He admits this was a mistake. the school has video proof yet will not allow me or son to see. My son dated this girl for several months and we found her very unstable. She has continued to harrass him, spread rumors and so forth, he reported this to school principal and nothing done. This has continued for 3 months. My son will turn 18 in 45 days and concerned will this affect his punishment when we go to court and if not or will what am I to expect at court? Will he go to jail, be on probation or what. I am scared. He was not raised like this.
While the Board of Professional Responsibility precludes a lawyer from giving specific "legal advice" to a non-client, we can answer generally how we would handle a specific case, and tell what we may charge to handle it. The punishment can vary depending upon his criminal record, the county where he was charged, the district attorney, and whether or not he has an attorney (believe it or not). So, it is important to find good reprsentation for your son. Don't try to rely on answers here to represent him yourself. Having been in this business over 26 years (on every side), and practiced in juvenile crimes, as well as serving on the Youth Staff at our Church, I have found that kids make mistakes. It is simply a fact of life. But they can "learn" from them, and actually may grow stronger for having gone through that at an early age. I would not worry about being treated more harshly because he is close to 18. He is still a juvenile, and has no record, so he would not likely be removed to Criminal (Adult) Court... based upon what you have told me here. Try not to worry. The main thing is to get this off of his record (even though Juvenile records may e sealed, you still want to get a diversion). And, a diversion is likley based upon the facts you have given. Don't hesitate to call if you need assistance. And, please reply with the County he was charged.
If he has been charged as a juvenile then it's unlikely (assuming he has not been in trouble with the law before) he's facing jail time. Of course, this would depend on the facts of the assault and the severity of the injury. He may be facing probation. As a juvenile it's unlikely he will end up with an adult record but it's important he be represented by an attorney to avoid that possibility.