My 17 year old niece accused of assault.

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Latest post Fri, Jan 30 2015 1:50 PM by ca19lawyer2. 2 replies.
  • Fri, Jan 30 2015 12:03 AM

    My 17 year old niece accused of assault.

    Last week, my 17 year old niece was involved in a fight with another girl in front of her school.  She is saying that she and her friends was defending themselves when the other girl and her friends tried to attack her.  It ended up with all the girls involved getting injured.  The parents of the kids had a talk and decided to compromise the matter in front of an officer. But later, the parents of the girl who is alleged to be the one who started the assault has decided to proceed with charges against my niece and her friends. We have contacted assault lawyers, Kostman & Pyzer from Toronto and they promised us to do whatever they can to save her from the charges. But what are her chances in this case? How will the charges affect her future?

  • Fri, Jan 30 2015 12:27 AM In reply to

    Re: My 17 year old niece accused of assault.

    No one here can tell you what the likely outcome may be because we haven’t seen and heard whatever evidence will be presented in court. Moreover, these boards relate to U.S. law and it’s unlikely that any Canadian lawyers will see and respond to your question. The basic problem in mutual combat where the only evidence is the conflicting stories of the persons involved is figuring out which of them is truthful and which of them are not. If the court believes her accusers, she might well be convicted.

    How it will affect her if convicted depends on Canadian law and how the case plays out. In the U.S. a 17 year old would be prosecuted for this in juvenile court in many states with the result that the record of the case would be sealed at either age 18 or 21. Thus, the record would not be publicly available and wouldn't follow her around for years to come like adult convictions do. I do not know whether Canada follows a similar practice, though I suspect it does something similar.

  • Fri, Jan 30 2015 1:50 PM In reply to

    Re: My 17 year old niece accused of assault.

    richardgonzalez:
    The parents of the kids had a talk and decided to compromise the matter in front of an officer.

    What does that mean?

     

    richardgonzalez:
    How will the charges affect her future?

    Depends on whether or not she is actually convicted.

     

    richardgonzalez:
    what are her chances in this case?

    How should we know?  All we know is that your sister is claiming self defense.  Only someone who has heard at least your sister's story can intelligently opine about her chances of success.

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