Legal Question in Criminal Law in Georgia

Today in school, my daughter had a male student put the pointed end of a comb against her neck and tell her that he could just shove it in her neck and she would be dead. She made a smartass, defensive comment back to him about using it to brush his hair instead, then walked away. Her comment apparently made the other student mad, because later she was removed from class by the principal and brought to the office where she was asked to apologize to the other student for what she said. The other student was asked to apologize to her. My wife is substitute teaching at the school currently, but neither of us was contacted about the incident, and according to our daughter, nothing was recorded by the principal about the pointed object being placed against our daughters throat and the comment about shoving it in and her being dead.

My questions are, does the touching of daughter along with the verbal comment towards her constitute a threat? And should we have been made aware of the situation immediately? And in this situation is the threat made by the male student more important than my daughters defensive comment about him using it to comb his hair instead, and warrant more disciplinary action then an apology?

Any advice would be appreciated and help me decide our next steps


Asked on 4/04/13, 5:52 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If you and your daughter choose, you can seek a criminal warrant against the other student for at least battery, and possibly a felony, terroristic threats.

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Answered on 4/04/13, 6:13 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Unless you really want the police to show up and arrest the child, you need to deal with this with school administration.

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Answered on 4/05/13, 5:57 am


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