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?

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.

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