Legal Question in Criminal Law in Massachusetts
I am 17 and my dad is being charged with some kind of assault and battery. He used a metal pipe to hit me. I had minor injuries and the police took pictures of it.
The problem is that I intentionally provoked him into hitting me. I knew that he was going too. After he did I would call the cops and he would get in trouble. The thing is that I was very high off of weed at that time and wasn't thinking straight.
He was taking a lot of sleeping medication that night and was very slow. If I wanted to I could have avoided the blows from the pipe if I wanted too. But I didn't and I was also angry so I didn't feel the pain. After I thought I had enough I walked out and called the cops on him.
I need to know if I tell my lawyer that I intentionally provoked him into hitting ( by smoking weed at my room waiting for him to come in. And refusing to give up my phone after he asked for it. And bumping him while walking away. I knew what was going to happen because they are very religious, he hates drugs, and is from Brazil) if the charges would be dropped? I can also prove that I wasn't in pain and that I wanted him to get arrested because the cops saw me laughing at him as he was brought to the cop car. I was also laughing at the cops so I think they can testify. It's been a month now.
1 Answer from Attorneys
I'm confused by one thing, and that is that you said that you have a lawyer. Why do you have a lawyer, who hired that person, and what role is that person performing? Either way, the bottom line is that there may be a way for you to have this matter shut down, but you should proceed carefully in that regard. In doing that, I would strongly recommend that you do consult privately with a lawyer who would be representing you, and that person would then communicate with your father's attorney (assuming that he has one) and with the district attorney, or at the very least guide you in your communications with them. Good luck.
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