Legal Question in Criminal Law in Massachusetts
My 15yr old was assaulted by a 23yr old, he hit the person back. The police gave the 23yr old option to press charges but not the 15yr old. I do know we should've been asked. The 15yr old also has mental illnesses which interferes with understanding things and controlling himself. He is on medications for some of his illnesses. His Dr. has stated he is not responsible for some of the things he does. Connections in his brain didn't all form right. What will happen if the 23yr old presses charges on the 15yr old? Also there was theft involved, my car, money, medications. They also have other things that belong to us.
What would be your advice and opinion?
2 Answers from Attorneys
Based on what you've said, the police have a different opinion about what happened than you do. If your narrative is accurate, the police believe the 15 year old was the aggressor, rather than the victim. In any event, a bulletin board like this isn't a good place to get the kind of advice you need. From what you've stated, however, it seems like this situation is still fluid. I recommend that you consult as soon as possible with a competent criminal defense attorney in your community to see what can be done to nip this in the bud, if possible, and to deal with any fallout that may occur if it can't be nipped in the bud. Good luck.
The best advice I can give you is to hire the best Criminal Defense attorney that you can afford as soon as possible and to not discuss the facts of this matter with anyone except your attorney. Make sure that you hire someone you trust and feel confident in since you will need to follow his/her advice for the best outcome.
Obviously the police do not agree with you as to who the initial aggressor was. However, that does not preclude you from having your boy bring charges against the 23 year old. I would have to know more about the case before I would advise you to do that and here is not the place to put more information. Assess your financial position and either hire the best attorney that you can afford or have the boy get a court appointed lawyer if he must. But you only have one chance to get this right. Good luck.
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