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)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
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.
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.
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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