Legal Question in Criminal Law in New Mexico

Criminal Charges Against Minor for Battery?

My 8-year-old son was provoked into a schoolyard fight. It ended up with my son as the victor, the other child the victim. Allegedly my son went too far in beating the other child. He didn't send the child to the hospital, but he had a few bruises. The other child's father is a county sheriff who has pressed charges against my 8-year-old son. According to juvenile authorities, he's too young to be taken to juvenile hall, but a history has now been established. We offered profuse apologies to the sheriff for the battery of his son, and we offered to pay any doctor bills. We have not heard from him since last Friday the 20th. Question: Can this sheriff legitimately file a civil suit against us? Can we be sued for this? If so, what actions can I take to avoid that happening?


Asked on 12/26/02, 3:20 pm

1 Answer from Attorneys
Dennis W. Montoya The Law Offices of Dennis W. Montoya

Re: Criminal Charges Against Minor for Battery?

New Mexico law limits parental liability for the INTENTIONAL ACTS of a minor to $4,000.00. There is no parental liability for the NEGLIGENT ACTS of a minor.

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Answered on 12/26/02, 7:06 pm


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