Legal Question in Criminal Law in New York

signing complaints for a Crime

An 18 year old boy assaults a 17 year old boy with a baseball bat, with several witnesses, sends him to the hospital with a concussion. Do the parents of the 17 year old need to sign a complaint against the 18 year old to arrest the 18 year old? If the parents are friends, and do not wish to sign a complaint, then there is no crime committed?


Asked on 3/08/06, 9:25 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: signing complaints for a Crime

The crime is against the People of the State of New York. The crime is against the community, the 17 year old has his remedy in civil court.

The victim and/or the parents of the victim do not have a legal right to impede prosecution and their consent or complaint is not a condition precedent to prosecution.

Read more
Answered on 3/09/06, 12:34 pm


Related Questions & Answers

More Criminal Law questions and answers in New York