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MADISON COUNTY, N.Y. -- The charge against a federal prosecutor accused of hosting an underage party at his Cazenovia home will be dismissed.

Craig Benedict, an assistant U.S. attorney, was in court Tuesday where a judge agreed to drop a misdemeanor criminal nuisance charge against him if he stays out of trouble for six months.

The charge stemmed from a graduation party held for Benedict’s son on July 15th, which police responded to early that morning to find between 100 and 200 people on the property.

Benedict’s attorney says that the family made reasonable efforts to have a safe and lawful party, but after word got out about the gathering, several uninvited people arrived at the home, some of them bringing alcohol. He also says that Benedict's son was badly beaten by about 20 people while he was trying to turn away the intruders.

“Mr. Benedict's attention appropriately turned to the safety of his child and of his family, as there was a possible return of those assailants to his home, as they had left a vehicle stuck in a ditch, yards from the house,” said Arthur Bigsby, Benedict’s lawyer.

[His lawyer says that Benedict was worried about retaliation from the large group of people who assaulted his son and his actions were misinterpreted by sheriff's deputies as being uncooperative.

The investigation into the assault is ongoing.