Legal Question in Criminal Law in Michigan

Re: Fighting in school

If your daughter hit the other girl contemporaneously with the other girl "getting in her face" and she felt threatened and hit the girl in self defense, then she might have a defense if the prosecutor chooses to issue a delinquency petition.

If your daughter hit the other girl in a separate incident, well after the other girl got in her face, and did it because she was angry/upset/frustrated, then it's likely not justifiable self-defense. It's an outright assault and battery.

Regardless, you should get legal representation for your daughter, either hiring an attorney or requesting a court-appointed attorney if a petition is filed in the juvenile court.

If this is her first offense, the court will likely use the consent calendar process where, after successfully completing probation, the court can dismiss the charge.

Another option in some counties is a "mediation" process where the victim and accused (their parents, school officials, police, etc.) meet and round-table the bigger picture re; why the events happened, etc. They try to talk things out to prevent future problems. That can also result in dismissal if everyone agrees to it.

Re: Fighting in school

Assuming it is a juvenile matter, you need to obtain proper legal representation. If the case is in SE Michigan, visit me at www.kliszlaw.com to discuss your options. Tim Klisz