The Bronx dad who blasted a would-be mugger with the bandit’s own handgun could face criminal charges for acting as vigilante judge and jury after his son was shot.

“It’s a very close call,” veteran defense attorney Ron Kuby said about Bobby Baltazar’s legal prospects. “Generally speaking, you’re not allowed to shoot people in the back as they’re running away.”

If authorities determine the dad was still facing imminent danger, he could escape charges.

“You can use deadly force to prevent deadly force from being used against you,” Kuby said.

The furious father disarmed, pursued and shot a 17-year-old suspect from behind Tuesday night after watching his 4-year-old get shot in the chin.

Ex-Bronx prosecutor Martin Goldberg, now a defense lawyer, said the gruesome shooting of tiny Cincer Baltazar meant nothing legally.

“You can’t shoot someone when they’re trying to run away, even when they’ve committed a violent crime . . . you can’t shoot a fleeing felon,” Goldberg said.

No charges were filed Thursday against ex-con Baltazar, who spoke with cops one day earlier about the gunfire that followed the near-theft of his pricey red Pelle Pelle jacket.

Neighbors predicted the father had nothing to fear from a jury of his Bronx peers if prosecutors changed their mind.

“I would have chased [the mugger\] and cut his head off,” said Raymond Hernandez, 39, father of two small girls. “In the moment, you do what you can to defend your child.”

Shirley Malave, who heard the gunshots, said she’d vote for acquittal.

“I don’t blame the father,” said the 49-year-old Bronx woman. “He should not be charged. A jury would not convict him.”

The suspects fled the spot where Cincer was shot by running south on Grand St., then ducking east on Evelyn Place with the father in pursuit. It was unclear when along the two-block route that he wounded Jose Marte, 17. The teen was in critical condition after getting shot in the back of the neck.

The 4-year-old, who was heading home from sharing ice cream with his father, was fighting for his life Thursday in Columbia Presbyterian Medical Center.

“He’s in and out,” said his uncle, Jhonny Lighty. “He doesn’t understand what is going on. . . . It’s hard to see him like this.”

The boy’s mother was terse about his condition: “He’s still breathing.”

The boy was an innocent bystander when three teens tried to steal his father’s coat at gunpoint. Baltazar wrestled the .357-caliber handgun from suspect Mauricio Acosta, and fired one bullet at his sidekick Marte.

Acosta, 17, was held without bail for assault, attempted robbery and weapon possession.

Read more: http://www.nydailynews.com/new-york/bronx/bobby-baltazar-bronx-dad-shot-mugger-face-criminal-charges-article-1.975970#ixzz1dU9BdbV1