Legal Question in Criminal Law in California

If a parent hits a child and the child hits back,can the child be charged?


Asked on 9/11/12, 5:38 pm

1 Answer from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

depends on how old the kid is, injuries if any, either way ... but sure in theory anything is possible. It is up to the police to investigate and recommend charges, then up to the DA to file those or other charges (or none) and up to an attorney to resolve or dismiss those charges if appropriate. If the DA believes it was a justified self-defense they are unlikely to charge, however, they may or may not believe that is what happened. Good luck!

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Answered on 9/11/12, 9:22 pm


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