Legal Question in Criminal Law in California

grade school fights

My 5th grader (11 years old) was in a school fight & a deputy showed up @ my door threatening that my son could face criminal charges as an assault. Is this legal? What are my legal rights? When did grade school fights become criminal???


Asked on 4/08/09, 9:06 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: grade school fights

Since you haven't said what your son allegedly did or how seriously the other children were injured, it is impossible to evaluate these potential charges.

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Answered on 4/08/09, 9:19 pm
Joe Dane Law Office of Joe Dane

Re: grade school fights

I know - things are different now. What used to be two kids squaring off on the playground for a fistfight now can get the police and juvenile court involved. With the tragic school shootings and beatings lately, schools often take zero tolerance policies against weapons and violence on campus.

Fighting on school grounds is a criminal offense - even if it was a mutual combat situation. Just the fight on school grounds can form the basis for the offense.

If your son beat up another kid and was deemed to be the aggressor or used too much force, it could be different criminal charges.

The school may also have policies independent of any criminal charges to deal with fights on campus. He could face detention, suspension or expulsion.

I don't know where Littlerock juvenile cases would be referred - Palmdale? It may be worth a consult with a criminal defense attorney in the area that does juvenile court work.

Good luck.

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Answered on 4/09/09, 9:32 am
Terry A. Nelson Nelson & Lawless

Re: grade school fights

When teaching political correctness and 'tolerance and diversity' became society's goals, instead of education and morals. And, when everybody decided to hire a lawyer and sue for every perceived wrong. Jaded? Yes. Now, if he is charged, hire an attorney. Do not discuss the situation with anyone, police or otherwise. Exercise your 5th Amendment right to SHUT UP.

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Answered on 4/09/09, 1:24 pm


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