Those who have attended a public school can remember a scenario where they witnessed a fight- and a group of students huddled around- watching it. When students get in fights, they often don’t think of any legal implications it may have or the fact that they are at risk for a juvenile, or even adult, record. They also don’t think much about telling the Principal or other teachers “their side of the story,” which could be used in a court hearing against them. This truth leads me to the next significant bit of advice: If your child has been accused of a criminal offense in school and has confessed to school administration their part in these actions, you need to get an experienced Juvenile Law attorney.
While students may engage in fights at schools that violate the law, it is essential to note that students have rights. After engaging in these matters, what students tell school officials can and will be used against them. Offenses that are not legal implications but school intervention methods, such as expulsion, are on a student’s permanent record and could impact their ability to obtain employment opportunities or attend higher education. Students do not have to talk to school officials and are not obligated to do so, which is very important to instruct your child if they are in a legal matter which happened at school. While these charges that your child could be from a physical assault, they could also be threats that they have been accused of making to another student.
The charge of assault occurs when an individual threatens, either verbally or through an act, to harm another individual, which causes fear that these threats of violence will happen. If your child threatens to beat someone up, or rumors are going around that they plan to hurt someone, they could be charged with assault even without laying a finger on another student. Your child may have said a threatening statement in anger and acted impulsively; however, these can have legal consequences. The legal scope changes when your child physically touches another individual.
Battery is a charge your child faces when they physically get into a fight with another student. For a student to be charged with battery, they must intentionally hurt the other person involved against their will and intentionally cause bodily harm to another person. There are complications in battery cases, such as students recording the events on cell phones or school security cameras to capture the footage- making it crucial to obtain an attorney in both of these cases. Digital evidence from other students is often admissible in these court cases. Digital evidence can be video, threatening text messages, or students’ social media posts. Deleted videos and digital evidence can be extracted and used as evidence. If your child is charged with this crime, they face penalties such as time at a juvenile facility, probation, fines, treatment classes, and counseling- they could also serve adult jail time.
LEGAL REPRESENTATION IS KEY
Ensuring your child has the representation they need is critical to avoid these harsh penalties and a possible permanent record. Finding a lawyer with experience in juvenile law is vital, so they can guide you through this confusing process and help you and your child get the desired outcome. McCririe Law has been assisting families in fighting their children’s juvenile charges for over 40 years. We have helped families through this process and gotten them the outcome they needed for their child in assault and battery cases.
Your next step is easy. Come in for a free consultation, and let us walk you through this confusing time in your family’s life and help fight for your child’s future.