If a 25 Year old guy hits a 17 year old kid, and out of defense for his friend, another 17 year old kid hits the 25 year old guy back, what happens?

The 25 year old guy started bickering with a 17 year old in a group of 4 17 year old kids. At one point, the 25 year old guy hits the 17 year old he was bickering with. One of the other kids, out of defense for their friend, hit the 25 year old guy. Now, after all is said and done, the 25 year old guy is only charging the 17 year old kid. What rights or legal defense does the kid have?

Asked on May 22, 2009 under Criminal Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The police usually determine who to arrest and the prosecutor determines who to charge and with what offense.

If the 17 year old youth, say Alex, hit another person, say Bill -- even if Bill was the guy who started the problem with someone, say Charley -- unless Alex has some valid defense -- such as self-defense or protecting someone else -- he is guilty of a crime. But if Bill's attack was over, Alex could not claim self-defense or to be protecting Charley.

Bill, the 25 year old may also be guilty of a crime for attacking Charley. But that does not take Alex off the hook.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.