How to defend against an assault charge?

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How to defend against an assault charge?

In school my son was bullied by kids who called him “man whore” and “homo” compiled with “You like boys”. Those boys admitted to the verbal abuse. With this argument the two boys were tugging on a ruler and the other boy got scratched. Children on-lookers claim that my son stabbed the boy with a ruler. The school called the police and now my son is facing assault charges. The other boy clothes were not ripped. My son is suspended for 10 days. But not expelled. My son was behind the student who was tugging on the ruler. But the supposed injury was on the front of the child. My son let go and let the boy have the ruler. What makes me suspicious is that the police officer said she would take photos of the supposed injury tomorrow. The event occurred around 4:00 PM on 11/02/10. Shouls we speak to a criminal attoreny? In Newaygo, MI.

Asked on November 2, 2010 under Criminal Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, I would speak with an attorney in your area as soon as you can.  Having someone to look put for your interests involved from the start is wise.  It sounds a lot like a hug amount of bullying that we are hearing so much of in the news these days.  With the injury the school may have been obligated to call the police but that does not mean that your son should be charged with anything until all the facts surrounding the case have been investigated and I am surprised that the police did so so quickly.  The event also happened after school hours or were they in a club or school sponsored afterschool program? Nevertheless, take charge of the situation and stand up for your son.  Good luck.


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