If I defended myself froma kid in class who stabbed me with a pencil by pushing him away and now I’m charged with disorderly conduct, can this be dismissed?

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If I defended myself froma kid in class who stabbed me with a pencil by pushing him away and now I’m charged with disorderly conduct, can this be dismissed?

I’m 16. I don’t have a record, I’m an honor student, and I’ve never even been in the principle’s office. I was in class when this bully, who Ive seen punch other kids before, stabbed me with a pencil. I pushed him away in self defense. The substitute teacher didn’t know what to do so she called the campus police. When the officer asked me what happened and I told him, he said ‘ I really wish you didn’t just tell me that because now i have to charge you with disorderly conduct.’ The other kid has since been expelled for fighting. Can this be dropped, and on what claim?

Asked on February 1, 2012 under Criminal Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You were in the right and you and your parents need to a) immediately get a personal injury attorney and b) sue the student and school and police and teacher for false charges, for improper response and assault and battery. Bottom line, the person being stabbed (i.e., the victim) has an absolute right to defend herself or himself. You defended yourself from possibly deadly force and unfortunately, the police did not react properly and neither did the school. The best approach is to get an attorney and possibly involve the press. Never underestimate the power of the press.


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