Brooklyn, NY asked in Criminal Law for New York

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.

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1 Lawyer Answer
Andrew M. Stengel
Andrew M. Stengel
Answered
  • Criminal Law Lawyer
  • New York, NY
  • Licensed in New York

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.

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