Son gets in fight at party

[tedster4x4]

What is the name of your state? California

My son Teddy, just turned 17 and was involved in an altercation involving another kid (Kolby) of his age. My son hanging out with his friends at a party (I do believe there was alcohol, but my son was not drinking). The party consisted of only friends from his school. Kolby, who goes to another school and was not invited to this party showed up looking for my son. This is not the first time Kolby approached my son in a public setting. When this kid approached my son, my son felt threatened so he hit the kid and continued to beat the kid up. My son was eventually pulled off of the kid. The kid left the party called his mother. His mother showed up to the party and called the police, the ambulance, and the sherriffs dept. My son never ran or tried to get away, when the police got there he walked up to the police to tell them what happened. The police explained to me that because he was the aggressor, he was being charged with assault, and I would hear from the juvenile probation dept. I am wondering that because this kid came looking for my son, at a party that he was not invited too, nor was he wanted at and was warned by numerous other party goers that he needed to leave, doesnt that hold some sort of consequence. Is that an angle that i can take to defend my son. My son has numerous colleges looking at him for athletics and an assault charge would deter any scholarship offers. My son informed me that he really felt as if the kid was going to hit him. Therefore he decided to hit first to prevent himself from being hit. I really need some guidance asap. I dont know how to handle this or how to word it right to minimize the damage if need be. This kids parents know exactly what they are trying to do. They are attempting to scare away potential scholarship offers.

 

[CJane]

Your son is the aggressor. He ADMITS to being the aggressor. Contrary to what the president would have you believe, pre-emptive strikes are NOT ok.

The boy was - perhaps - trespassing, but no one called the police about that. Presumably because they were breaking the law by engaging in underage drinking.

Your son's best bet is to hope for a diversion program.

 

[sjmjuly]

Bottom line? Your son WAS the aggressor. He didn't have to hit the other kid, but chose to do so, and he hit him first. He then apparently decided that hitting him once was not enough and proceeded to hit him numerous times.
Should the other kid go to a party where he wasn't welcome? Probably not, and that was poor judgement on his account, but that doesn't give your son or any other person at the party the right to beat him up. The host of the party should have been notified of the unwelcome guest and it should have been their responsiblity to ask them to leave.
You will be hard pressed to find a judge that will buy your son's "I was afraid he was going to hit me first" story. Your son hit him first and hit him more than once. Be prepared to possibly pay medical bills if the other kid received medical attention.
The only thing you can be thankful for is the fact your son is a minor .

 

[CdwJava]

When this kid approached my son, my son felt threatened so he hit the kid and continued to beat the kid up.

That makes teddy the aggressor and the party most likely to be charged for battery.

The police explained to me that because he was the aggressor, he was being charged with assault, and I would hear from the juvenile probation dept.

That's how it works.

I am wondering that because this kid came looking for my son, at a party that he was not invited too, nor was he wanted at and was warned by numerous other party goers that he needed to leave, doesnt that hold some sort of consequence.

Nope.

If the person responsible for the property had asked Kolby to leave and he refused, then the responsible party can pursue trespassing charges. Otherwise, WHY he was there is not relevant. Unless Kolby had threatened Teddy and Teddy can raise a valid self defense claim, he's pretty much done. Oh, and because someone who doesn't like you shows up some place it is NOT a case for self defense.

Is that an angle that i can take to defend my son.

Not really.

My son informed me that he really felt as if the kid was going to hit him. Therefore he decided to hit first to prevent himself from being hit.

Even if the first hit could somehow be described as self-defense (which is a stretch), you wrote that after Teddy hit Kolby, Teddy "continued to beat the kid up". That's very, very bad, and kinda tosses the self defense argument out the window.

I really need some guidance asap. I dont know how to handle this or how to word it right to minimize the damage if need be. This kids parents know exactly what they are trying to do. They are attempting to scare away potential scholarship offers.

Your son needs an attorney. You can help him by hiring one.

Battery (PC 242) is a misdemeanor, so his exposure to penalties are rather minimal.

- Carl