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simple assault or disorderly conduct?

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BabyLove_8

Guest
What is the name of your state?
pennsylvania

my son was assaulted by 2 boys his age (15-17 yrs) last night. they chased him for over 2 blocks and when they caught up with him, they punched and kicked him in the head numerous times. he has a huge goosebump, the size of a small plum, on his forehead, very bruised. the police were called and took a written statement from my son and they took pics of his face. they told me that they would charge the boys with simple assault.
this am, my son told me he forgot to mention in his statement, the lady that came out of her house and screamed at these boys, who then ran away. i called the station to see if they would also want a statement from this woman, as she would definitely be considered a witness. to my surprise, the arresting officer told me that it wouldn't be needed, as they were only charging the boys with disorderly conduct. i was flabbergasted, to say the least. i am still furious and i want these boys charged with assault! the police said they didnt have enough to chrge them with simple assault. i am wondering if i can fight this somehow and get assault charges against these boys? and why would the officer say he couldn't get any chrge on them but disorderly conduct...it was obvious from my son's wounds that they attacked him. thank goodness the neighbor lady stepped out of her house or who knows when these boys would have stopped kicking him in the head. my son could have ended up with head trauma,coma, etc. had they not been stopped.
 


Bravo8

Member
If the incident occured as you said it did, then I would yend to agree that a charge of simple assault would be correct.

The determination of simple assault relies on the injury. If you smack, slap, shove, hit, etc someone, but do not cause any bodily injury, then it is Harassment. Bodily injury would be Simple Assault. Serious bodily injury would be Aggravated Assault.

If the officer has chosen to cite the offenders for Disorderly Conduct, then I would surmise there is a reason for not pursuing the more serious charge. Ask to meet with the officer and pose you questions to him. Remember that you know the story second-hand, just as he does, so it may not be the total story. The officer may have received additional information implicating that your son was not entirely innocent. The option may have been between charging everyone involved, or just citing the "winner" so to speak.

Now of course this is all speculation. I'm just offering up some suggestions.

If you are not satisfied with the officer's explaination, speak to his supervisor. More than likely, they will support the oficer's decision, as it must be based upon something.

To be honest, charging the juveniles with the Simple Assault is most likely going to be pled to a DC and a small fine.
 
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BabyLove_8

Guest
hmmmmm

he attended school with these boys last year and had an altercation with the one boy about 2 weeks before school ended.
when i spoke with the officer, he said that both of the boys admitted to what they had done and that both boys also said that my son was taunting them, etc. because they freely admitted what they had done, he felt he had no reason not to believe them when they suggested my son more or less, brought this on hmself. "excuse me"...my son does have common sense...he isnt about to taunt 4-6 boys in a vehicle, while he is walking along side the road with 3 teenage girls. not like the girls are going to make it a fair fight. they chased him down and they assaulted him...not 1, but 2 of them.
i am going to the district attorney's office tomorrow afternoon. the papers will surely be filed by then. i am not satisfied with their decision. there were witnesses as to what happened, as there are always 2 sides to every story. this is a free country, freedom of speech. anyone can say anything, we are entitled to that...but we are not entitled to the freedom of assaulting anyone, last i knew, anyhow. that's like saying that if u insulted me in the past and i happen to run into u walking along side of the road...i can knock u down and kick u about the head, and all i am looking at is a disorderly conduct charge? if that was the case, i wouldn't think twice about kicking ur ass again, the next time i "ran into you". u obviously know alot more about the law then i do, what are my chances of getting the dm to change the charge to simple assault?
 
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BabyLove_8

Guest
harrassment charges were filed against the boys. because i didnt take my son to the emergency room,there is really no record of his injuries. like u said, depends on the extent of the injury. thx for replying, the info u gave was helpful
 

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