Legal Question in Criminal Law in New York

Sam, a 16 year old 215 pound male with a history of violent, aggressive, and assaultive behavior towards his mother engages in a verbal disagreement with his mother over borrowing money. Pam (mother) tells Sam that she does not have any money to give him. Sam proceeds to threaten his mother and then tries to leave the home with property that is not his. Pam tells Sam to calm down and go to his room. Sam tries to push through Pam, pushing her into, and potentially through, the glass egress door. Mike, whom has tried to talk Sam down knowing his history of violent, explosive behavior, puts his hand on Sam's arm to prevent him from pushing Pam through the door. Sam attacks Mike. Mike subdues Sam by placing him in a protective hold. Pam talks Sam down and Mike releases hold. WIthin seconds, Sam tackles Mike. Mike subdues Sam again by placing him in a protective hold. Once secure and safe, Mike relinquishes the hold. Sam proceeds to enter the kitchen and grabs a pair of scissors and threatens Mike's physical life and that of Mike's family while he is sleeping.

Question: After listenting to Sam's statement, police were going to pursue harassment charge against Mike, although charges were not pressed based on Mike agreeing not to press Menacing charges against Sam. Mike is concerned that his name is written on a domestic incident report and does not want that to come up in future background checks, looking for best advice as to how to proceed seeing as Mike just happened to be in a position of defending someone whom couldn't defend themself?


Asked on 4/08/13, 8:33 pm

1 Answer from Attorneys
Arkady Bukh Bukh Law Firm, P.C.

Were any charges brought by the police against Mike? If not then he will not have a criminal record that would come up in background checks for this incident. If he is charged with anything he should meet with a criminal defense attorney.

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Answered on 4/09/13, 2:24 pm


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