Legal Question in Criminal Law in Pennsylvania

Self defense

My son was accused of aggravated assault. He went to a frat party, a boy from the frat and two of his friends approached him from the rear and spun my son around, the boys started to attack my son, who had a beer bottle in his hand, my son's reaction was to hit the attacker in head with bottle to get him off of him. The whole place was fighting now and beer bottles flying. Two people told police my son was the one who hit other kid in the head. Now he has charges of aggravated assualt, unlawful entry, conspiracy to commit crime. Was his actions self defense? A girl he was talking to at the time says that the boy who got hit on the head was the one who came after my son. They are going to have a line up, what happens if the other kids, about 4 of them can't pick him out? I am sick with worry. What will most likely be the sentencing if it goes to court? He has no other record. Thank-you


Asked on 12/12/04, 8:31 am

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: Self defense

Your son needs a lawyer as soon as possible. The lineup is the most important step in the witness identification process. There are constitutional requirements that the police must follow. From your description it does sound like self defense. However, from the charges the police seem to have accepted false claims regarding your sons actions. I offer free consultations and due to the serious nature of the charges I would suggest that you obtain counsel today even if it isnt me.

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Answered on 12/12/04, 9:52 am
Peter Dolinger Law Office of Peter M. Dolinger

Re: Self defense

It sounds like your son admits he was in a fight. The question is who started it and whether your son's actions were justified. If the police or the DA believe your son and the girl, they may not charge your son. If they charge him, he will have to decide whether to negotiate a plea bargain or go to trial. If your son pleads or is found guilty by verdict, the complaining student may attempt to use this in a civil case against your son. If your son gave a statement, you should get a copy of the statement.

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Answered on 12/13/04, 3:41 pm


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