Legal Question in Criminal Law in New York

I believe my16 yr old son was wrongfully arrested. Around midnight one evening he was sitting around a campfire on our property visiting with friends. His exgirlfriend who is the protected party of a stay away order between them and one of her friends ran onto my property backing him into the exterior wall of our home and began punching him in the head. My son did not strike back, he covered his face. After taking enough hits he acted in self defense by twisting her right arm behind her back. She lost her balance and fell to the ground landing on her left wrist. She had him arrested for criminal contempt and assault. By the time the officer arrived my son was in bed. He came to the door barely clothed and the officer pointed his weapon at him from only 8 feet away. Taised him twice at the police station for being angry that they wouldn't take his explanation or ask about his 3 witnesses who were willing to give statements. My son did not have marks that could be seen through his hair so he could not prove assault. The blotter even States she entered my property and I filed a tresspassing complaint. Even with this the officer refused to understand that my son did not violate the order or assault her in any way. The self inflicted injury to her left wrist was documented as an assault injury that could have been proven incorrect if the officer had allowed witnesses to make statements. The officer said due to my son not retreating off his property he was in the wrong.

Asked on 8/03/13, 10:40 pm

1 Answer from Attorneys

Stuart Austin Austin Law Associates, PC

Because u were at your own house any charge of violating an order of protection should be dismissed. An assault charge could stand but all three witnesses should give testimony or statements as well as the history btwn your son and his ex should be brought forward with the goal of an acod or dismissal

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Answered on 8/04/13, 8:29 am

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