Legal Question in Criminal Law in New York
assault
On sunday evening my son and his friend were walking thru the school playground. the house next door has a fence separating the property. my son knocked down an already broke fence, by accident. the owner came out yelling and slapped my son in the face, pushed two of his friends and went back into his house, got a metal bat and threatened to bash their heads in. We called the cops; they took him away in handcuffs but told us they could not charge him with assault, only harrassment. we were affraid of pressing charges for fear of retaliation. did the police give us the correct info? How can it be that if a parent slaps a child, that child is taken away, but this total stranger slaps my son and they said that since he did not have any broken skin/bones that it is only harrassment? Did they advise us correctly?
1 Answer from Attorneys
Re: assault
NO, they did not - this can constitute a greater criminal charge.
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