Legal Question in Criminal Law in Florida

Ok you really scared me. There is a lesson here. For those shankers, shanking is when guys in jail make a weapon and sneak up behind someone and give them a quick stab or two with the sharp weapon. That is getting out of hand. I think you should look into martial arts personally for your son. I kicked a kid in school and no more getting picked on--times have changed, but WHEN I have children I will not tolerate bullies, I don't care about a few days suspension.

Pants down all the way, half-way, quarter-of-the way, none-of-the-way is a criminal offense called battery. It is a misdemeanor. I don't do juvenile cases, so I do not know punishment. I'm 95% sure they will not be put into a juvenile detention center. If they were, if would be for a week or weekend I imagine at the most. I'm also 95% sure there would be some program for 1st time offenders just like adults where they do after school work, or some some sort of program on weekends, something small, but to learn a lesson and if they complete the program (they will), the charges are dropped by the State Attorney. In the small chance charges are not dropped, with the chance that they plead guilty or go to trial and lose, the punishment will not be severe. Again probably some program after school or on weekends.

I DO know in defending adults that when the boys become adults the juvenile records are sealed so that it is not going to prevent them from going to college or getting a job and supporting their families 15 or 20 years from now. So don't worry about ruining their lives forever. As far as crimes it would scare the parents and kids and is serious for your son's growth and the school, but as far as true juvenile criminals this is like jaywalking or running a stop sign. I would suggest you tell the school and tell the offenders' parents that you will press charges unless they make a verbal apology to you and your son. Not a written apology, they won't do it and a attorney will advise them not to because it is a admission of guilt. It depends how angry you are. If you are really angry just report it to the State attorney and tell the state attorney that the boys admitted the offense to the school. I don't know if school has duty to report these things to Police or prosecutor. Even if they have a duty to do so, it really is not worth the cost, expense, time, effort of a civil lawsuit against the school or the offenders parents.

I personally would send identical letters to school and state attorneys office so the school knows the state attorney is informed and state attorney knows the school is informed. Or you could send same letter to parents and school speaking of threat to report to state attorney. THEN send to state attorney if no apology. You would contact the juvenile division of the state attorney's office and they would tell you what the punishment is for a event like this. There is a chance they would not prosecute at all (it is their choice), but I doubt it. If they do not prosecute, then I'm still not sure that a private civil suit against parents is worth the effort.