Legal Question in Criminal Law in New York

One day I had to babysit for my stepmother and my dad started his bullshit punch in me in my face just because I was screaming at for being a deadbeat father this 300pound man grabbed my hair still beating me like I was some random guy in the streets I fought till I couldn't fight no more so I picked up a tea kettle nd hit him wit I didn't mean to burn him I just wanted him to get off me that didn't stop him he still beating on me he dragged me through the living room by my hair nd sweater he was choking me I almost passed out. Till he let go. Yea he got 2nd degree burns but he attacked me first. that don't mean anything to the state I wasnt seriously injured. I went to the state troopers to file a complaint and file a restraining order against my father the trooper talked me outta by sayin i would be arrested and my father also so i didnt fill it out. I didnt want to go to jail. I didnt have a arrest record till now. trooper to told my father to fill one out against. Now I'm charged with level d felony I have to choose to let the DA make the deal nd that might be 5 to 7 years in prison or 3 years probations. My father records for being for assault and other charges and this my first offense. i was 19 years old when this happened. i been on house arrest for 7 months. Im a business major. How can help my case and get my life back?


Asked on 11/05/16, 3:01 pm

1 Answer from Attorneys
Robert Evans Robert S. Evans esq.

You really need to retain a competent criminal defense attorney. In NYS justification & self defense are defenses to the incident,which if true as you described , may be reason for you to be exonerated.I would NOT recommend a "plea bargain " here for the incident as described.A felony conviction ,even without jail time will greatly impact your life.

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Answered on 11/05/16, 6:19 pm


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