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Father charged after saving daughter from attack

Police claim that a 45-year-old Long Island man drove his teenage daughter and three of her friends to a park on June 18 for the purpose of engaging in a fight with another girl. It is further alleged that he assaulted a 17-year-old boy who attempted to stop the altercation. The man is facing a charge of second-degree assault and could face child endangerment charges.

The young man reported that he and his girlfriend were in the park when the car arrived. He claimed that the father stood too close to his girlfriend and did not move when asked to stop. It is alleged that in response to the request, the father pulled a crowbar out from under his clothing and hit the boy with it. However the father's criminal defense attorney reported that the man simply moved to protect his daughter while she was under attack.

The man's daughter provides an entirely different version of events. Teenagers who had bullied her for years lured her to the park by threatening her life if she did not appear. She went thinking that she might be able to address the problem with her peers, but instead found herself surrounded. Of the 20 individuals who ambushed her at the park, one carried a baseball bat. If her father had not appeared at the right moment, his daughter might have suffered severe injuries.

One thing that a defense lawyer could do in an assault case is interview witnesses to try to clarify what happened. The lawyer could use eyewitness statements to negotiate a plea bargain or seek dismissal before trial begins. If reasonable doubt can be established, especially if eyewitness testimony contains conflicting versions of events, it may be possible to receive a not guilty verdict.

Source: CBS New York, "LI Dad Accused Of Hitting Teen With Crowbar After Driving Daughter To Fight", June 25, 2014

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Lerner & Lerner, P.C.

Former prosecutors with more than 50 years of combined experience

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