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Assault/Battery in School

Discussion in 'Juvenile Crime, Law & Court' started by benevlan, Mar 1, 2012.

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  1. benevlan

    benevlan Law Topic Starter New Member

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    My question involves juvenile law in the State of: South Carolina

    I'm 16 and I was charged with Assault and Battery, Disorderly Conduct, and Disturbing the Peace.

    What Happened: I was being threatened over the phone by another 16 year old that has about 100lbs and a foot on me, and I just couldn't take it, and snapped. I walked out of the class I was in, went to his class, and hit him a good number of times, then we traded a few punches, then I retreated into the hallway, and the fight continued there for a bit, we wrestled, then after we were tired we both kind of separated. I got some water, then started walking back to where the administrators were. As I was doing this, I see him in a full sprint coming towards me again, so being exhausted, I ran past some janitors and they were able to grab him, but not before he clocks me one good time on the temple. He called me that night and we both apologized and made amends since we used to be friends and the whole situation was pretty stupid. No one got really injured. He hurt his hand a little bit by hitting me, got a nice knot on his head, as did I. The school resource officer told me since it was my first offence and I have never even been suspended that i'd probably not even have to go in front of a judge, but I'm still kind of nervous. What do you think the punishment will be?
     
  2. army judge

    army judge Super Moderator

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    Hmmm, I think you should make sure you discuss this with your parent(s) or your guardian(s).

    I also think you should not resort to violence to settle disputes.

    Finally I think you'll be fine, as you appear willing to learn from your mistakes.

    You might get a couple of days in school suspension, if you're lucky.

    I think the worse thing that could happen to you is a couple of days out of school suspension, but certainly no jail time.
     
  3. benevlan

    benevlan Law Topic Starter New Member

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    Yea, I overreacted and doing what I did wasn't right, I also got 9 days out of school suspension. And thanks for the reply, you don't think they'll throw any community service or probation or anything?
     
  4. Proserpina

    Proserpina Moderator

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    Even a 3rd degree assault/battery conviction can put the OP behind bars for up to 30 days.

    He needs to speak to his attorney. Now.
     
  5. army judge

    army judge Super Moderator

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    He needs to speak to his parents, he's ONLY 16 years old!!!!

    Then his parents will determine what course of action they wish for him to pursue.
     
  6. army judge

    army judge Super Moderator

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    Please, please, please, you are acting incorrectly now.

    You must speak with your parent(s) or guardian(s) about this.

    They are the ONLY ones that can determine what you must do and what they wish done for you!!!!!
     
  7. benevlan

    benevlan Law Topic Starter New Member

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    My parents completely know about the situation, there's really not much they can do about it.. They don't know much about law and we don't have an attorney or lawyer, and money's tight. I really doubt they'd stick me in Juvie Hall at 16 when this is my first run in with the law, and I haven't even been suspended before. Also considering three 19 year olds that live near me were arrested and convicted of Armed Robbery, Assault with a deadly weapon, and Burglary, and they only got 6 months house arrest and probation.
     
  8. army judge

    army judge Super Moderator

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    Okay, as long as your parents know, there is little more you can do.

    I think you've gotten the worst that can be done to you, this time.

    I don't see juvie in your future for the time being, especially since you and the other dude have squashed your beef.
     
  9. mightymoose

    mightymoose Moderator

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    I agree that you won't likely see jail time, however you very well could be ordered to do comunity service hours and you certainly could end up on probation. It is good that the two of you made amends, but it was also a public offense.
    Whatever happens with the court, I would expect you to see minimal consequencesso long as there is not more to the story.
    If the school suspendedyou for 9 days I think that it a good indicator of how everything will play out.
     
  10. Jenn

    Jenn Guest

    The School implements their sanctions and the the juvenile justice system imposes their sanctions. My 13 year old daughter was charged with Possession of Weapon, Assault & Battery 3 (at school), which is the most mild form of A&B, and it carries 30 days in jail.....However, there is a process called Arbitration for first time offenders which keeps you out of juvie and keeps you from having a record. It is a one-time get-out-of-jail-free program which includes more mild sanctions (consequences). It is tough and gut-wrenching for me as her mother, so I am sure she feels some regret. She did not even get close to injuring this other girl, only had potential intention if provoked by a specific girl.
     
  11. mightymoose

    mightymoose Moderator

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    The addition of a weapon makes your daughters offense more serious than the original issue. I would not expect a slap on the hand if a weapon was used in a fight on school grounds.
     

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