The pending charge was still first-degree assault, or attempted murder, not homicide.
The defendants were also accused of first-degree assault, riot, and three other charges.
"Never for a first-degree sexual assault have I seen the convicted defendant get bail," he said.
The top charge she faces is first-degree assault, a felony.
They were charged with first-degree assault, the police said.
The mother was charged with first-degree assault and endangering the welfare of a child.
He was charged with first-degree assault and criminal possession of a weapon.
He will be tried separately on first-degree assault, official misconduct and other charges.
All were arrested last October and charged with first-degree sexual assault.
All four have been charged with first-degree assault as a hate crime, the police said.