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  1. #1
    Join Date
    Jan 2009
    Posts
    20

    Default Re: My Son Was Assaulted by 4 People - What I Can Do

    Quote Quoting LawResearcherMissy
    View Post
    Yes.

    Beating someone up is still illegal, even if the victim was falling down drunk, stoned out of his gourd, and well underage. Your son being underage and drinking does not void the crime of assault.

    Pardon my forthrightness, but not calling the police and pressing charges because your son might have been drinking is dumb. If he has injuries serious enough that he requires medical care - and you really need to have him checked out! - the police need to be called, period.

    It seems to me that it would be a little late for him to be cited for underage drinking, as no police arrived at the party, but that's a question for the attorney you really need to be consulting about this.
    Ah ok, I see now. Yes I plan on taking him to the doctor today (it happened just last night) to make sure there are no serious injuries. My main concern is that his nose might be broken, which isnt really all that serious I suppose. The only reason I doubted calling the police is because the injuries didnt seem too serious, and I didnt want him to end up getting charged and having that on his record unless it was something serious. But since you say even if he was drinking it wouldnt void the crime, then I think I will get the police involved.

    As far as the police go, I think they actually did come to the party. But by the time they had arrived, my son had managed to get away from the assailants and make it to the safety of his truck and leave. Could this have any affect on things (the fact that the police came, although my son was gone by then)?

    By the way, thank you very much for your help. Youve pretty much answered my questions right on the dot.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: My Son Was Assaulted by 4 People - What I Can Do

    Sometimes a broken nose isn't serious. Other times it requires expensive surgical correction.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: My Son Was Assaulted by 4 People - What I Can Do

    Plus, your son is an adult. Is HE willing to cooperate with the police? Does he want to speak to the police? It is not your place to report this to the police, it is his.

    - Carl

  4. #4
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: My Son Was Assaulted by 4 People - What I Can Do

    Regardless how your son see a doctor asap,if he wants to talk to the police,the quicker the better. There allowed to use reasonable force,4 people beating down 1 person is not reasonable force,it might even be considered gang assault b.c there was 4 against 1.

  5. #5

    Default Re: My Son Was Assaulted by 4 People - What I Can Do

    This is one of those things that you have to talk to an attorney, it is really hard for people to give you advise without ALL the facts. When you talk to the attorney, your son needs to be 100% honest with him/her to get accurate advice. Sometimes, we have a tendency to tell other people "our side" that makes us look "good" and the other side look "bad." And think about ALL the consequences of the action before you take it. I think you need to report it to the police and let them take care of it, but keep in mind that they could report something entirely different to the police about what happened. You need to be 100% honest with YOUR attorney because if your son was also not an entirely "innocent" person in the fight, he might be charged with something as well, and only he/she can tell you that.
    The four, if you can prove that they did it (I'm not doubting your son's word, I'm just telling you what the law requires), will be punished more than your son - even if they tried to use a self-defense defense as 4 on 1 is NOT going to be seen as self defense, but if they can demonstrate that your son was an active participant, he might be charged with assault as well.
    My advice would be to go to the hospital and take them to Civil court for medical expenses because even if your son was a party to the fight, he can still claim civil damages, no matter who "started" the fight (that's why convicted prisoners sometimes "sue"). But keep in mind that they can also take you to civil court to sue for their "damages" (although I'll doubt there is any).

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