Legal Question in Criminal Law in California

juvenile assault charges...should I file them?

Wondering if I should file assault charges against a teen at my son's school who punched my son 3 times today, causing my son to be suspended for 5 days from school. Witnesses will state that my son never hit this boy and that this boy instigated this action because my son called him on cheating in the class.

Due to the ''no-tolerance'' rules, both boys were suspended. My son didn't even hit him back, because he was being hit too many times. No major harm done to my son, some damage to the left side of his face caused by the punches because he wears glasses.

But it ''is'' illegal to go around punching other children in the face and I wonder if I should proceed with filing an assault charge. Not only did my son fear bodily harm, but now his academic record will suffer permanently and he'll miss an important semester-end final.

Please give your advice. Thank you.


Asked on 4/08/04, 3:04 am

2 Answers from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: juvenile assault charges...should I file them?

When you say "file charges" it sounds like you're looking for a criminal action, in which only the DA can file charges -- not you. You can take civil action, however. In that, you sue the child and his parents. I just do criminal, so I can't help there.

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Answered on 4/08/04, 10:12 am
Terry A. Nelson Nelson & Lawless

Re: juvenile assault charges...should I file them?

'if I should file assault charges' --

He can try to file criminal charges through the police, but I doubt they will bother without injury.

He can file a civil suit for damages, but he will likely find it will cost more than it is worth - he wasn't physically injured. If you want to do so on 'principle' and are prepared to pay attorney's fees to do so, you can contact me to discuss.

Otherwise, it is just an unpleasant reality he will have to put up with.

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Answered on 4/08/04, 1:16 pm


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