Q: A kid has his mom kidnapped. He tracks down the guy and beats him up. But he's the one who gets charged. More info below
This takes place in New York State and I am looking into this for a friend. A minor, 16 years old, has his mom and his possessions taken. Instead of calling the police, he tracks down the guy himself. When he finds this guy, he beats the hell out of him. The kid is pretty strong, so he breaks some of the kidnapper's bones and sends him to the hospital. The minor, however, get charged with 3 - 6 months for assault. I'm not asking if the story seems plausible at all. I'm asking if the sentencing makes sense.
A: What do you mean by charges with 3 to 6 months assault. One of the defenses to assault is known as justification. But that requires an immediate threat and the defense of yourself or a third person. If the assault took place and there was no threat the details help to put the arrest in context for mitigation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
