Alamogordo, NM asked in Criminal Law for New Mexico

Q: Can I appeal a judges decision to drop battery charges on my neighbor who attacked my 12 yr old son?

The judge dismissed the charges saying it was a civil matter and we could settle it in civil court ( said neighbor is suing me for $250 in civil court for trespassing when I placed wood fence pieces against my side of a fence he built on the property line between our residences). LSS He testified in court and fabricated a whole story and even claimed that he was defending his property because my son provoked him and touched his fence. Regardless, he has no right to touch my son with anything at any time! He got his hose and viciously shot water into my boys eyes and face and proceeded to soak him from head to toe while yelling at him and also ruining his phone that he had in his pocket. That is battery on a minor. This man is heinous and has done nothing but make my life miserable and now he gets to also pick on my child?? I am furious with this judge and want to know what I can do about him dropping the charges. This man needs to have consequences for his actions.

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1 Lawyer Answer

A: Probably not. You need to have a full discussion with a local attorney.

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