I'm sorry to hear your situ and dont be put off by the ignorance of some members; the answerbank would not be a site but for the likes of us who need help. I'm not legally qualified to answer your question, but here goes. Your son did actually hit the guy, however, based on what you said, in my opinion it is provocation. I can only assume that if he was honest with a magistrate, and pleads guilty but states his case as you've told it, and, assuming he doesn't have a record for assault previously, we could hope that he gets a sympathetic trial. I would imagine he will get passed some sort of punishment, but maybe someting along lines of suspended sentence, comm serv etc. If he goes in saying not guilty but police have proof of it, judge could assume he has no remorse and grant him a custodial sentence. Unfortunatley legal aid doesnt mean the best aid but hopefully he will be treat lightly. Good luck.