East Orange, NJ asked in Domestic Violence, Family Law and Federal Crimes for New Jersey

Q: If a minor being verbally abused by a parent goes kinda insane and physically attacks them, what are the charges?

Details: The parent constantly emotionally/verbally abuses not only their mother but the child themselves and then one day has had enough , goes a little insane and then physically attacks the parent with an item that could be considered a weapon. If this were to happen, what are the consequences for the child?

2 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Domestic Violence Lawyer
  • Short Hills, NJ
  • Licensed in New Jersey

A: The answer is that it is time to get counseling for yourself so that you can help deal more constructively with the stress of a parent doing or saying things that upset you to the point of wanting to react with violence. Every parent says / does things that can piss off their children but I dont know your setting or if your parent also needs mental health assistance or if he / she is asking you to clean your room, do your studying, clean the dishes, etc. Every parent has fights with their children over these type of issues and every child for the past 1000 years has told their mother / father that "they will get to it" and then dont and then the parent flips out on them and the child feels that the parent is overreacting. I have no clue as to whether your household is experiencing this type of conflict or whether the conflict is significantly deeper, but my suggestion is that if its similar to what is referenced above, try, try and try to do what is asked of you and see if that has an impact on your setting. If it is a significantly deeper issue, then google community outreach services for mental health care and schedule time to talk with a professional about counseling for yourself since assaulting your mother / father is not the answer and never will be the answer. If the setting is so bad, then let the mental health expert assist you in finding a better solution to your setting but lets not talk about what type of charges could be brought against you for striking your parent. That behavior will end up haunting you for the rest of your life and then one day, when you want to apologize for your actions, it may be too late. Dont do it.

James A. Abate
James A. Abate
Answered
  • Domestic Violence Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: Could be aggravated assault due to the weapon. 3-5 years State Prison exposure.

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