What to do if my son started a fight but the kid stabbed my son with box cutters on the head and neck almost killing him?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my son started a fight but the kid stabbed my son with box cutters on the head and neck almost killing him?

The state does not want to press charges since my son started it.

Asked on January 23, 2012 under Criminal Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) As for charges, while you cannot force the state to bring charges, if you are dissatisfied with the decision, try one or more of the following to get them to reconsider:

a) Go to the police or prosecutor's (whoever made this decision) superior, to see if  he/she won't reverse it;

b) Go to your local city assembly/council person, or even the mayor, as a constitutient, and see if that person will exert pressure;

c) Go to the media and see if they won't report on it, since the state often reacts to media pressure.

2) You can see if you can get a protective order against the other child.

3) You can sue the other boy's family--parents are responsible for their children's deliberate bad acts, and stabbing someone with a blade, even if there had been a fist fight first, could be wrongful.

4) If this happened at school, you may be able to sue the school for negligent supervision.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption