Assault and battery charges are brought against someone when he or she has attempted to cause physical injury (assault) resulting in actual contact such as hitting someone (battery). The law specifies several factors that must be considered in making the public interest determination. Penalties will be filed according to the level of assault. The first and most important defense you can use against assault charges is the lack of evidence. During probation, your child must meet all conditions set by the court. Is there an argument for self-defense? Assault of a Child – Defending against False Child Abuse Allegations. The youth criminal justice system is governed by the federal law, which is covered by the Youth Criminal Justice Act. Can a Minor in San Diego be Charged with Simple Assault? No Criminal Intent – You Did Not Act Intentionally or Knowingly. You should consult an attorney for advice regarding your individual situation. Instead of being convicted and prosecuted as a criminal offender, a juvenile is generally prosecuted for "delinquency" in Texas. Many judges want to be lenient with juveniles who have been charged with assault, battery, or similar criminal offenses.
If the injury is less than serious, then the prosecutor will not be able to prove a case of reckless assault against a child. Intentionally assault the child and cause bodily harm that is greater than brief physical pain or minor temporary marks after previously engaging in a pattern or practice of either. Intentionally assault the child and either: - Recklessly inflict great bodily harm; or. Assault with caustic chemicals. Electronic monitoring. The most serious of these is juvenile detention. Can a minor be charged with assault meaning. If your child is facing felony charges that can or will be tried in the adult court system, it is imperative that you have an experienced criminal attorney by your side. Children under 12 cannot be charged for any crime, and people 18 and older are considered adults and will go to adult court.
An aggressive and experienced criminal defense attorney will know these defenses and make the best use of them to provide you a favorable result to your assault charges. It is important that you contact us as soon as possible if you are facing criminal charges. A former prosecutor and experienced criminal defense attorney, Mr. Miller understands this system and has successfully steered many juveniles through this system. Detention is not allowed following the initial hearing unless the state can show special circumstances exist. It's also essential to point out that you can negotiate a plea bargain as one of the defense strategies. This is certainly possible in today's era, where teens can. Until recently, society considered roughhousing between peers to resolve a small disagreement to be typical and nothing to worry about. Expose the child to poison, HIV, or any other harmful substance; or. With school violence on the rise, school administrations are turning to law enforcement for help more often than in past decades. Thus, if you are in need of a criminal lawyer because you are suspected of assaulting a child, even if you have not yet been arrested, it is a good idea to get ahead of the situation and immediately contact an experienced New York reckless assault of a child lawyer who will explain to you your legal options and vigorously defend you until the case is resolved. Additionally, attorney Kerry L. Armstrong is a criminal law specialist certified by the State Bar of California. You need an experienced juvenile defense attorney on your side. Juvenile Simple Assault Charges in San Diego. If threats were made online, the police will take screenshots and treat them as evidence. For example, if you threatened to harm an individual, you have already committed an assault.
There is no visible injury – no bruising or scraping or scratches. The students charged as juveniles in the attack all reached agreements with prosecutors in juvenile court, where they admitted to charges of a felony count of riot and a misdemeanor count of simple assault. Can a minor be charged with assault battery. This kind of violence has zero tolerance in public school districts, and police are often called in for stronger enforcement. A youth may face additional charges along with assault. Failure by the prosecutor to prove beyond a reasonable doubt that your actions were NOT self-defense will result in a not guilty verdict at a jury trial.
An assault, this usually means committing the crime with a deadly weapon or with reckless. In the case that a minor is arrested without their parents or guardian's knowledge, the police are obligated to inform them of the arrest. Depending on the nature of the criminal charges, it is possible that your child may be tried as an adult in the state of Pennsylvania. Another financial consequence of a reckless assault of a child conviction is that you may be ordered to pay restitution to your victim. Once charges have been filed, the juvenile justice system often moves more quickly than the adult system, so you need to act fast to ensure your child has adequate protections. Everything You Need to Know about Assault of a Minor Charges in Florida. If you want a lawyer to review the charges against you and properly advise you though, you'll need to retain a lawyer.
The prosecutor will consider your defenses when determining how to proceed with your case. A person acts with criminal negligence if they "fail to be aware of a substantial risk that a wrongful act may occur" and their failure in this regard "constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation. As law enforcement often only puts minimal effort into gathering witness statements, if they even exist, and gathering evidence at the scene, often judgements are made based on victim statements. You had the consent of the injured person. We know that no one lawyer, no matter how brilliant, will have all the good ideas for your case. Under California law, simple assault is an attempt to commit a violent injury on another, with the present ability to do so.