Legal Question in Personal Injury in Minnesota

My son, who has been through hell, finally hit a boy who had been tormenting him for years. This boy had him by the collar and wouldn't let go even as my 15 yr. old was pushing against him. My son took a lot of abuse in this school, but nothing was ever said, unless he hit back, then it was his fault. With no father in the picture, he took a lot for a lot of years with me telling him to turn the other cheek. Everyone in the phy. ed. class agreed that he needed to defend himself, except the teacher. The victim has a name in the community but he was a terrible bully. He's not anymore. In fact, he and my son are now good friends. I'm not condoning, I never believe violence is the answer. My son hit him twice across the face. Broke the boy's jaw bad. Surgery and hospital time. Seeing the school counselor afterwards, he said he'd shoot his dad if he ever came into our home.(he has reason,violence) Boom, my son is on 72 hour hold then sent to out of home placement for 30 days.(voluntary,it seemed to be best) I'm told, even though no charges were filed, he turns 18 in Jan., that they can file charges on this for assault anytime if he EVER does anything in the future. Plus this can interfere with his chance to join the service. According to the recruiter, he knocked the scores for mechanical and technological apptitude out of the ball park. Is this true they can file charges on it and it can mess up his chances with the service? Minnesota

Asked on 6/26/12, 8:23 pm

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers
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Charges can be filed and it seems a felony charge is likely based on the injury. A felony charge at the age of 17 may mean ta prosecutor ill seek to charge as an adult or seek an Extended juvenile jurisdiction designation, which still means any conviction may carry over as a public record into adulthood.

As in any assault case, a strong defense is necessary. Certainly self defense appears to be a viable affirmative defense.

For a consultation call 612.240.8005.

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6/27/12, 1:09 pm

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