Legal Question in Criminal Law in Colorado
child abuse
if a minor attacka an adult can the adult be charged with child abuse
2 Answers from Attorneys
Re: child abuse
Depending on the police and the DA, yes the adult can be charged if he/she defended him/herself. Self defense is an affirmaive defense. That means that you admit to hitting/stabbing/shooting but you were defending yourself. If the police/DA have it out for you, you can be charged. You should not be convicted.
Re: child abuse
You are legally allowed to defend yourself, but proportionally to the force of the attack. Defending yourself does NOT mean returning blow for blow. It means protecting yourself, and not exacting revenge. If you are attacked by a minor who is your child or whom you are caring for, the best thing to do is protect yourself from any blows and get the hell away from the child. A child may be physically bigger than you, but you have a bigger brain (more developed), and you should use that advantage to seek an alternative to battle.
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