Assualt

[LorE]

What is the name of your state? NY
my son was assaulted (jumped from behind) exiting a club the perp slammed him to the ground twice a friend of my son intervened and pummeled the perp....both my son and his friend were injured during the melee as was the perp....only and I don't get this my son and his friend were arrested not the perp who started the damn thing...what next

 

[Boxcarbill]

Next your son and his friend hire a lawyer, although I wouldn't recommend the same lawyer and then request a jury trial. Odds, are the case will be dismissed although it may not be dismissed until both sides announce ready for trial and all witnesses have been subponeaed.

 

[JETX]

We assume that the suggestion of 'dismissal' is based on the assumption that we are hearing the correct and full facts. However, based on the post, I have to wonder if that is the case.

 

[LorE]

reply

thanks for the response...both my son and his friend have hired attorneys....we go back to court on June 2nd...spoke sons lawyer today and he said he will be speaking to the ADA about the fact that the initiator of the altercation was not arrested and the fact that the injury my son has sustained may cause him permanent disability and that we will be returning to the surgeons on June 16th to discuss the possibility of surgery

 

[Boxcarbill]

We assume that the suggestion of 'dismissal' is based on the assumption that we are hearing the correct and full facts. However, based on the post, I have to wonder if that is the case.

I don't know what you are assuming "the suggestion of 'dismissal' is based upon." My suggestion, regarding the "odds" that the case will be dismissed is based purely upon personal experience in the numerics of these types of assault cases going to a jury trial. And I've had everything from employee/employer "slap down" to principal/parent shoving matches and lots of bar room and bar room parking lot smack downs. I presume that the "perp" (mother's label) did not attack her son for no reason: either her son provoked the attack, probably involving either a woman or a beer or both, or the "perp" thought that it was her son who provoked the attack and it was a case of mistaken identity. The first to call the cops is usually the one who gets the label "V-1" and this is particularly true if it is a 2-1 altercation. The charges are filed against "S-1" and "S-2." This too is based upon experience. Odds, we are talking odds.