I am a school security officer and I was told that in order to file an assault charge against a student I would have to prove intent, is this correct?
Question Details:
While performing my job as a high school security officer and breaking up a fist fight in a class room and after separating both students, one of them suckered punched me to the side of my face while I was facing the other student. Police were called and the responding officer stated that I would have to prove intent to make a case to charge the student. The student was not charged and released with only suspension by the school. Another officer believes simple assault charges should have filed. I followed up on the charges anyway on my own and need to know if I am wasting my time in this effort.
Criminal Defense Law Answers
You are right that assault is a charge that you have to prove intent. However, the fact that the student hit you in the face as a sucker punch demonstrates intent. a judge or jury could find that based on the circumstances- i.e. you were punched while facing the other student- that intent is inferred from the circumstances. I do not think that this kid that hit you should be able to get away with his conduct. you should be pressing the charges to teach this kid as well as the other students in the school that you are not allowed to punch a security officer. you should file the assualt charges immediately and seek restitution from the kid or file a worker's compensation claim for any injuries that you suffered.
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