Huntington, IN asked in Juvenile Law and Criminal Law for Indiana

Q: If my 17 year old brother attacks me and I'm 18 but I don't attack him back, can I press charges and not get in trouble?

It happened at home in the kitchen. He choked me and punched me in the face and I didn't hit him. I did pinch the back of his neck to get him to stop choking me. I have a mark on my back from this and witnesses that saw my face was red and swollen from where I was punched. Our mom decided not to do anything about it. This happened yesterday. I was going to call the cops but I don't want to get in trouble since he is a minor. I would like to know what the law involving a 17yr old minor fighting an 18 year old is. (He shouldn't be punching girls anyway.)

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1 Lawyer Answer
Paul Stanko
Paul Stanko
Answered
  • Criminal Law Lawyer
  • Plymouth, IN
  • Licensed in Indiana

A: Are you sure you want to get the authorities involved? Once you call the police, the decision on whether charges are filed is entirely with the prosecutor. You will have to give a statement, and if the case goes to trial, you will have to testify. Of course you can go against your mom's advice, but you should think very carefully before you do.

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