[jodynharley]

My question involves juvenile law in the State of: Oregon

My son was at a football camp this past summer with his team, and got into a physical confrontation with one of his own teamates. He pushed the boy twice, and the boy punched him first and then they started punching eachother. The boy got 2 lacerations to the head requiring 4 staples to one and 5 staples to the other. And a laceration to the nose which was super-glued.

My son, was arrested for 3rd degree assault, harrassment, and menacing. Which the assault was dropped to assault 4 and now no harrassment or menacing. He was taken to the juvenile authorities in a different county in our state and transferred to our county with a total of 2 and half days. Then was released to us but under house arrest...which is continuing as of now. This happend on July 13th and its September 23rd.

We are requesting a hearing before the judge which will happen on November 5th.

My question is....why is it that if the other boy threw the first punch that he is not being charged? What are my son's chances of this being dropped even more? My son admits to harrassment...(pushed him twice) but did not assault him first. What can I do to prepare myself for November 5th?? If anything??

[M'sta Mikey]

Chances of the charges being dropped to a lesser charge than assault are slim, if you do this on your own. However, you do stand a greater chance of a favorable resolve if you have an attorney representing him. If you don't have one, get one before the hearing. This is NOT a do-it-yourselfer

[PJ Weber]

My question is....why is it that if the other boy threw the first punch that he is not being charged?

My son admits to harrassment...(pushed him twice) but did not assault him first

The pushing is considered assault

What can I do to prepare myself for November 5th?? If anything??

Seek legal representation. This is serious !

[jodynharley]

We have a court appointed attorney and he suggested we go to a hearing. He has been our lawyer from the day my son was released from juvey. He has an investigator on this and the investigator talk to the kid that was "assaulted" and he doesnt want charges pressed and says he would tell that to the judge...also stated to the coach that he knew my son and him were going to fight just didnt know when....my son never thought that they were going to fight. The D.A. keeps telling the judge that his parents are in fear for their sons life...but...the mom doesnt have custody and the kid is living with a couple of kids that have been kicked out of their own homes.

Also, when this took place... the kid went to the hospital and said he was in so much pain that the hospital gave him vicodin and when he got back to camp he distributed his vicodin to other kids and they chopped it up and snorted it.

My son has no priors and would never do anything like that. Doesnt a judge look at if hes been in trouble before.??

We as parents put him in touch with a counselor and has been seeing him since this whole thing started. We dont think he has an anger management issue but wanted expert advice. And this counselor has already written a statement for us saying he doesnt have an anger issue.

[aardvarc]

He has an investigator on this and the investigator talk to the kid that was "assaulted" and he doesnt want charges pressed and says he would tell that to the judge

Just like in domestic violence cases, the victim not wanting charges pressed probably isn't too relevent. The victim might be reluctant to testify or not want the hassle of pursuing the case, but the prosecution owes it to ALL of us to pursue charges when they reasonably believe they have a committed crime and can make the case. Remember, crimes (like assault) are considered to be committed against EVERYONE in society, not just the victim who actually got hit. That's why the state is the one who prosecutes crimes, and not individual victims. It's not helpful to your son's case that he pushed first, and ultimately the other kid was the one who ended up needing medical attention - the defense is going to have it's work cut out trying to make the case for self defense (in which the force used is the MINIMAL needed to quell the incident) - but at least he's got an attorney already working on his behalf and talking to involved parties.

the kid went to the hospital and said he was in so much pain that the hospital gave him vicodin and when he got back to camp he distributed his vicodin to other kids and they chopped it up and snorted it.

So the other kid isn't an angel, and could be looking at charges of his own for distributing narcotics, but none of that has any bearing on the incident with your son.

My son has no priors and would never do anything like that. Doesnt a judge look at if hes been in trouble before.??

Yes, it can have a substantial impact - at sentencing. But it doesn't generally influence what charges the prosecution brings to begin with.

[jodynharley]

The pushing is considered assault

Seek legal representation. This is serious !

My understanding that the pushing is harassment?? And that is why he was charged with it??

[cyjeff]

My understanding that the pushing is harassment?? And that is why he was charged with it??

I can't tell from your post.

Doesn't matter. Usually, the first one to touch the other loses.