Legal Question in Criminal Law in California

Juvenile Assault and Battery

What are the most and least consequences of a juvenile (age 15 yo) regarding assault and battery charges, when there are four witnesses in this case, two are for the defendant and two are against the defendant? They are juveniles not under any oath of law, therefore, are their testimonies valid and admissible in a court of law? What steps need to be taken to ensure a fair hearing when the plaintiff was the ''instigator'' and claims no responsibility for his actions? Can the ''instigator'' (plaintiff) collect restitution for their stained clothing? What are our ''rights'' as parents of the defendant in this matter?


Asked on 2/22/03, 6:05 am

2 Answers from Attorneys

David Diamond Diamond & Associates

Re: Juvenile Assault and Battery

YOU HAVE LOTS OF GOOD QUESTIONS, but we should discuss them over the phone. GIVE US A CALL.

LARRY WOLF 310 277 1707

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Answered on 2/22/03, 6:45 pm
Michael Troy Attorney at Law

Re: Juvenile Assault and Battery

The consequences for anyone, juvenile or not, depend on whether he or she is convicted. Your facts are sparse, but I'll give some general ideas. Witnesses, juvenile or not, are never under oath unless they are testifying in court or signing a declaration. Someone can be called to testify if they have personal knowledge of the issues about which they will be asked to testify. Whether the testimony they give is admissible depends on the actual statements they make and the rules of evidence. To ensure a fair hearing, consult a criminal defense attorney with experience in juvenile matters.

The consequences of a conviction depend on the offense and the prior history of the convicted. When all is said and done, if the individual found to be fault has no prior history and no serious damage was done in the fight, that individual will probably end up on probation.

These are only general statements based on the limited information in your post. Consider discussing this situation with an attorney if the juvenile in question is someone you want to help.

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Answered on 2/22/03, 11:59 pm


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