Assault Charges

[tempest14]

My question involves criminal law for the state of: Maryland

My son was recently involved in an altercation with his girlfriend. He just turned 18 last month, she is 17 and won't be 18 until October. They both allege that the other started the fight. My son claims that while he was driving his car, she was attacking him. He claims he acted in self defense and pushed her back several times with his hands. He was doing this while operating the car and she claims she was hitting him in self defense. This went on with periods of them calming down and fighting again. She says she has bruises all down her side and a knot on her head from him pulling her hair. He has a cut on his lip and scratches on his hand. He has no bruising on his hands, swelling or cuts along the knuckles. He claims she punched a hole through his sunroof (cover) and punched his stereo causing it to cave in.I don't know who is telling the truth but they have different stories on how the altercation started and how it played out. My son is a good student and kid..he has never been in trouble. He works, and goes to the local community college. She on the other hand, has been sent away twice, for assaulting her mother and father. She was ordered to do anger management classes. She was on house arrest for a month and broke it...she is currently on probation. My question is...what should be expect on a situation like this? We filed paperwork in the juvenile court, and she filed in the district court. We filed charges for assault and restitution for the damages of the car...I am worried about my sons future. I have obtained an attorney. I would love some input on a situation like this. It is difficult when you are dealing with a minor and an adult.

[aardvarc]

In cases of "he said, she said", it comes down to credibility. That's why we have juries - to determine the facts of the case, and credibility is one factor. But all of the negatives you listed about this girl didn't stop your son from starting or continuing the relationship with her and a jury isn't likely to weigh any of those things any more heavily than your son did. Just because he happens to be dating a girl with a history of assault charges doesn't mean she committed one here - the jury will have to look at the circumstances of the case at hand. Tell your son if he's going to date people with this sort of history, that he needs to be prepared to deal with this sort of drama - and when events like these erupt with no witnesses, it's a crap shoot as to whether he'll be seen as the victim or the perpetrator. If the GF had immediately called police, there's a 50/50 chance your son could have been arrested on the spot - so he needs to take seriously how incredibly life-changing it can be to date people with records like hers - because every charge and at trial she starts off with a clean slate and with the benefit of the doubt.

[tempest14]

He realized a long time ago that he made a mistake by dating this girl. He tried, as well as she did, to break the relationship off many times. My husband and I warned him that something would like this would happen. He wasn't arrested on the spot but she did contact the police soon after the incident. Her father is a policeman in another jurisdiction, so he pressed the charges and of course he is familiar with the system and just had him summoned to court rather than arrested. He also had a peace order filed. How much does the weight does it carry that she is a minor and he just turned 18? And she claims to have bruised and he claims that he didn't punch her but could have been from struggling with her and try to restrain her. I heard so many people say that the courts always side with the girl..but if he has never been in trouble and she has, can they bring this up in district court since she is a juvenile?