What charges couldI bring against a juvenille who assaulted my son?

Get Legal Help Today

 Secured with SHA-256 Encryption

What charges couldI bring against a juvenille who assaulted my son?

My 13 year old was at the local gym today and another 13 year old placed him in a choke hold from behind in an aggressive manner. My son passed out from lack of oxygen. The other 13 year old then threw him to the floor resulting in injuries to his face mouth and teeth. What charges could I bring against this other juvenile?

Asked on January 19, 2012 under Criminal Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What the other boy did would be assault. You could:

1) Contact the police and look to press criminal charges;

2) You could sue the other boy's family (since they are responsible for his actions) for your son's injuries--e.g. medical costs; possibly pain and suffering; etc.

The authorities could potentially feel that this was not a criminal matter--that the other boy did not have the requisite criminal intent (e.g. the police might feel the boys were roughhousing, and it got out of control); if so, they are not going to bring charges, since it is up to the authorities, not you, whether to bring criminal charges or not. However, even if that is the case, you can still bring a civil case, and the standard to prove and prevail on a civil case is lower than for a criminal case in any event.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption