Legal Question in Criminal Law in California

horseplay

My son and a friend were ingaged in horseplay when he took his right hand and put his hands around the back of her neck with a squeezing motion. He let go a few seconds later and the continued to their next class. She later went to the office to get ice when she was cohersed into telling the office personel why she needed ice. She and 2 other witnesses stated that they were only playing. while in the office whith the Principle and Vice Principle I was told there was no millisous intent it was only horseplay but per school rules he would have to be suspended. However, a day later I received a letter stating that he had commited battery by placing the young lady in a choke hold which caused bruising. Can I have battery removed from his school record and take legal action on harrassment of my son as this is not the first incident where he was treated as if he were a criminal or trouble maker in school?


Asked on 4/30/05, 8:07 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: horseplay

Let's see if we understand: the girl is bruised and injured enough to seek treatment, she tells the school the facts that constitute grounds for arrest on a charge of battery, and you believe you should take action against the school? This, after other prior incidents and complaints against your son? Sounds like he is the problem, not the other students he is harming. If that is true, it appears you are continuing to 'co-enable' his aggression, which would be expected to result in it getting worse.

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Answered on 5/02/05, 2:00 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: horseplay

This event sounds like a battery to me, so I can't agree with your claim that the school is saying so only to harass your son. It also sounds to me like your son actually *is* a criminal and/or a troublemaker as the school says, since battery is indeed a crime. Don't plan on getting anywhere by suing the school or its administrators. If this situation is going to change then you are the one who will have to change it.

If you want the school not to call your son a troublemaker, teach him not to hurt other students. If you want it to stop calling him a criminal, teach him to stop committing crimes. If you want him to stay out of trouble, you must get a grip on the fact that he is in trouble because of his own actions and not because of the school. And if you don't understand these things, then stop placing the blame on others and start blaming the person in the mirror.

Unless you teach your son to take responsibility for his actions -- which will require you to first accept responsibility for yours -- there is a very good chance you will one day see him on the wrong side of some prison bars. Hopefully by then you will realize that your son's problems come from himself and not from the people who catch him.

I realize parents can't control everything their children do. But parents who react to their childrens' crimes by blaming the accusers instead of correcting the children are doing no one any favors and are setting up their kids for a life no parent should want them to have. Such parenting is at the root of many of our society's problems. Right now it sounds like you are part of the problem, but what your son needs is for you to be part of the solution instead.

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Answered on 5/01/05, 7:26 pm


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