I was wondering if you could give me some advice on the potential charges for assault, if I explained the facts? Next

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Customer: Hi I was wondering if you could give me some advice on the potential charges for assault, if I explained the facts?
JA: Have assault charges been filed? If so, when is the next court date?
Customer: Yes, next date is in 2 weeks
JA: In what state did the assault occur?
Customer: A drunk 18 year old was throwing things at a group of us and one of those objects hit a 5 month old baby. Person 1 then went and started a fight with said 18 year old and person 2 jumped in to help. Person 1 hit 18 year old 10+ times and started it and person 2 went up and got hit by the 18 year olds friend so he retaliated and hit them as well. 18 year old sustained a fair amount of injure to his face and needs a nose surgery. This was 4 months ago but only got contacted by police a few days ago
JA: Anything else you want the Lawyer to know before I connect you?
Customer: the 18 year old claimed to be defenceless (However there were a couple of others that were defending him too) the entire time and had hoodie over face at one point. We left the scene and 18 year olds dad tried to chase person 1 and 2 down to start another fight but we settled that before it happened. There is CCTV footage of the incident and photo proof
Answered by Chris The Lawyer in 7 hours 2 years ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read your question
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Chris The Lawyer, Expert

All of the parties who joined into the fight could be charged. The 18 year old is likely to get charged with a more serious charge but probably get a community based sentence like home detention
Customer
The 18 year old was the one beat up though, he’s the one pressing the charges against person 1 & 2.
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Chris The Lawyer, Expert

Often in cases like this the judge will treat everyone the same, which usually means community work
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Chris The Lawyer, Expert

But I wonder if restorative justice might be a better option where all the parties could meet and apologise to each other in a restorative conference
Customer
For person 2 who jumped in after it already started, is the fact that his mother passed away recently before the fight something he could use, with the fact he wasn’t coping well and had a lot of anger at the time?
Customer
Person 2 would opt for the restorative justice, person 1 who actually started it hasn’t even been contacted by police yet. And the 18 year old who they beat up, him and his father just want to see them charged
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Chris The Lawyer, Expert

The state of mind (and often the amount of drinking) are factors in the sentencing. But I think even if the 18 year old is reluctant a restorative conference would be best for him as well
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