I have a 15yr old son who was charged w/ Assult & battery @ 13. He says it was self defence, it was a girl. What can they do

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I have a 15yr old son who was charged w/ Assult & battery @ 13. He says it was self defence, it was a girl. What can they do

Asked on June 2, 2009 under Criminal Law, South Carolina

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the girl has provided a statement to the police indicating that your son assaulted her, he can be arrested and prosecuted as a result of her allegations.  Your son's allegation that he acted in self-defense may be a valid defense, but whether or not it will be successful will depend on a myriad of factors, such as: the evidence supporting your son's version of events and the girl's version of events, the credibility of your son and the girl, and so on.  I recommend that you consult with and/or hire a skilled criminal defense attorney as soon as possible.  Assault can be a serious crime, and self-defense, if not properly presented to the prosecuting authority and/or jury, may not prove to be a successful defense.


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