What to do if my one son slightly injured my other son while trying to protect his father?

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What to do if my one son slightly injured my other son while trying to protect his father?

My 16 year old son is out of control after running away 2 times in the past week; the police can’t do anything. He is abusing his 12 year old brother and 10 year old sister. He has gotten in his father’s face and called him every name in the book, as well as his 28 year old brother. Last night he shoved his father and was still coming toward him, so his older brother grabed him and took him to the floor to calm him down. However, while struggling to get away he got a few scratches on his neck. When the police arrived they arrested my 28 year old son and charged him with assult and battery.

Asked on March 1, 2015 under Criminal Law, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your 28 year old son should assert defense of others as his defense to the charges of assault and battery. 

Your 28 year old son should argue that he used reasonable non-deadly force to defend his father (defense of others) against the attack by the 16 year old son.

It would be advisable to be represented by a criminal defense attorney because if your son is convicted on the assault and battery charges, it will have an adverse impact on his future employment.


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