Legal Question in Criminal Law in New York

Altercation in School

My 17 year was been for the past few weeks harassed by a student that is 18 and many of his friends trying to start a fight. My brother couldnt take it he went to leave school and the individual got into his face and way to leave. My brother shoved him out of the way an the individual fell and hit a lock breaking his nose and requiring stitches to his lip. My brother is being charged with 2nd degree assault felony and the indiviual nd his girlfriend lied on the police statements about the harrashment that led up to this event. What is the best case of action for this. My brother has never got into a fight in school has good grades, the teachers love him, while on the other hand the other instigator has been in several fights.


Asked on 2/15/09, 6:00 pm

2 Answers from Attorneys
Robert Reuland Law Offices of Robert C. Reuland, P.C.

Re: Altercation in School

Assault 2 is a a pretty high charge on these facts. The DA is probably overcharging the incident. Pretty typical, I'm afraid. If the facts are as you suggest, then it looks pretty good for your brother in the long run. The lawyer should make a pitch with the DA before this goes any further, and possibly your brother should testify in the grand jury if the DA is going to indict it. Good luck.

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Answered on 2/15/09, 6:14 pm
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: Altercation in School

Your brother needs to retain a criminal defense attorney. These are serious charges.

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Answered on 2/15/09, 11:29 pm


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