Legal Question in Criminal Law in New York

assault

My son is 11 years old and has had an assault charge complaint filed against him. Their was an incident after school last Friday involving several kids, where acorns were thrown and my son told them to stop or he was going to punch them. So one child proceeded to throw a handfull and hit my son in the face which left marks. My son in return punched said child and while other child tried to run away fell and my son kicked him in the head. The other said child in return punched my son 2 or more times. Other said child ended up with a broken arm. My son was then questioned by military police for over 3 hours. My husband gave them the right to question him. What can I do to help my child and was it legal for them to question him without counsel and for that period of time?


Asked on 9/26/07, 8:48 pm

2 Answers from Attorneys
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: assault

I would recommend you speak with a criminal defense attorney, especially one who is familiar with military law since the MPs are involved. Normally these cases are not a big deal when it is between children, but where you have more serious injuries like a broken arm things can become more serious.

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Answered on 9/26/07, 9:00 pm
Joel Salinger Law Office of Joel R. Salinger

Re: assault

First, you need an attorney with military experience, immediately!! Do not wait.

Second, your husband waived your sons right to counsel by agreeing that the police could question him. As one of his legal guardians, he can waive your sons rights.

With out an injury, your son would be in family court with a slap on the wrist. With the severe injury to the other child he is in a very precarious position and needs representation.

Joel R. Salinger, Esq.

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Answered on 9/26/07, 10:32 pm


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