Legal Question in Criminal Law in New York

schizophrenia and the american with disabilities act

my son is 18 years old and is a schizophrenia in his own front yard picking worms when a ten year old hit him from behind in the head and he turned around and picked him up and through him on the ground . he did not know that the one who hit him was 10 yrs. old.he now has 2nd degree harassment and endangering the welfare of a child.is there any way to get the charges reduced or cleared because of the american disability act /the 10 yr. old child and his sibling including the mother do have recordsand are know to be trouble.my son has no previous record of any kind.please help for my son depends on it.and im a mother whos depends on your advice/. thank-you sincerly .mrs mom


Asked on 6/04/01, 12:35 pm

2 Answers from Attorneys
Peter Bark Bark & Karpf

Re: schizophrenia and the american with disabilities act

It appears that your son's act was a reaction to being hit from behind and therefore justified, which is a defense to all the charges against him, unless there is such a physical difference between your son and the ten year old and your son reflected before striking back. Fight the charges.

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Answered on 6/27/01, 8:01 am
Garry Hanlon

Re: schizophrenia and the american with disabilities act

The American with Disabilities Act has nothing

to with a criminal case

The medical evidence may be used as a basis

for an Adjournment in Contemplation of

Dismissal (basically, a period of 6 months

unsupervised probation, ending with a

dismissal if all conditions are met) or for

a 170.40 Dismissal in the Interest of Justice

The legal defense of Justification may

also be available

You should hire an attorney for this matter

The fees may be as low as $ 250 if it can be

done in one court appearance

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Answered on 7/09/01, 3:12 am


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