Getting Restitution For an Assault

[germie]

My question involves injury or loss that occurred in the state of: Pennsylvania

My son went to a public ballfield and was jumped by 2 17 year olds from his school he is 15. The 2 were going to fight him because of some words said in the school cafeteria a week before. The boys started taking off their gear to fight, my son threw a punch at the one and the other one came from behind. The other boy picked up and threw my son. My son now has a broken collar bone and a broken wrist on the other arm he is getting surgery for the collar bone tomorrow. These 2 boys are fine they never missed a beat. We filed charges with the local law. I cant seem to get a phonecall back from the law when I am trying to find out what is being done. My husband just started a new job and we have no insurance. From the very beginning of this it seemed that my son was being treated as the criminal. It was 2 on 1 and one of the boys was 3 times my sons size. I really dont know if these boys have been charged or not. What are my legal rights in this what do I need to do to get restitution. My sons life for a while is pretty messed up and the law doesnt seem to care there were witnesses , 10 year olds that called 911 as the were still on my son when he was passed out.

[gigirle]

Your sons case is likely still being investigated. This is going to be a waiting game to see exactly who gets charged and with what. Its not uncommon that all parties involved get charged.

Some advice to give to your son... If he comes in contact with 2 boys where he is outnumbered and one is 3 times the size of him....find a way to walk away, if the other guy is taking off gear, he had plenty of time to do it. Per your post he threw the first punch. Don't be surprised if your son is charged with assult.

I hope the surgery goes well.

[germie]

well you were right my son did get charged now the probation officer want to have an intake conference.. My son gets good grades in school all the teachers like him and he has never been in any kind of trouble I am refusing to go to the intake hearing as the letter said something about making amends my son did nothing he is not making amends for not doing anything wrong i am tired of him being treated as the criminal as the other 2 boys were not hurt. I am very dissapointed with the justice system and the way this is being handled we filed charges against them we are now being treated as the criminals. My son is still recovering from surgery and has a lot to catch up with in school. Not to mention the time Ive missed at work and all of his suffering.and they want to talk about ammends????? What about the fact that the other 2 boys were able to run away. They have never missed anything and they were not hurt they are 2 years older and a lot bigger. Tell me how this works this way.

[M'sta Mikey]

Unfortunately, your son threw the first punch. That being the case, they (the law) view your son as the aggressor. Not saying it's right, but that's the way it is.

If he's been charged, and you haven't been to court yet, you honestly need an attorney. If he was in court, convicted and placed on probation, and you refuse the intake with the probation officer, you, as his parent and gaurdian, put yourself in jeapordy of contempt charges and possible jail time.

[aardvarc]

my son did nothing he is not making amends for not doing anything wrong i am tired of him being treated as the criminal as the other 2 boys were not hurt

That your son ultimately LOST the fight and the other two didn't receive injuries is irrelevent. Your son threw the first punch - that's the moment the crime occurred. It's based on the action that started it, not on the outcome.

[BOR]

My question involves injury or loss that occurred in the state of: Pennsylvania

My son went to a public ballfield and was jumped by 2 17 year olds from his school he is 15. The 2 were going to fight him because of some words said in the school cafeteria a week before. The boys started taking off their gear to fight, my son threw a punch at the one and the other one came from behind.

What is meant by "jumped"??

Simply approached and surrounded, or they actually assaulted him first?

If a younger person is surrounded by older more intimidating people, this is a scary situation and to a minor the scariness of such may provoke them to punch first to repel any assured attack.

If as you say the boys started to take off thier gear, this would more than not indicate an assault was going to take place.

IF he was not assaulted first, as in jumped, "preventitive" and or reflexive self defense can be brought up at any trial. While it is true, in some jurisdictions, the law imposes a "duty to retreat" when confronted, this is not applicable to your son, as not even many adults know of this doctrine.

If a 10 year old is surrouned by 2 or 3 15 year olds, he will no doubt be scared out of his wits, this causes panic.

IF he threw the first punch, that does not make him guilty, facially it may, but when it comes to a defense in court, state the facts.

The other boys can be charged, if not for assault, other crimes.

See if your area, under authority of state law, has a "victim assistance" restitution program. This means if a person is a victim of a crime, and they apply under the program, they may be able to get any out of pocket expenses paid.