What to do if my 14 year old was attacked by a senior at his high school and afterward made a threat against his attacker out of fear and anger so he was arrested?

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What to do if my 14 year old was attacked by a senior at his high school and afterward made a threat against his attacker out of fear and anger so he was arrested?

When the fight was broken up by school officials, my son said that he was going to shank the attacking boy. The police got involved and my son told that police that he was going to shoot his attacker if he saw him again. A meaningless threat that he uttered while scared and angry. The officer that called me said that he was arrested for death threats and battery. They took him to juvenile hall yesterday afternoon and have yet to contact me with any further information and it has been almost 24 hours. What may happen now? Can he be charged with a crime? Is he looking at a long term sentence? He has apologized.

Asked on October 1, 2015 under Criminal Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You need to immediately hire a private criminal defense attorney and consult with a civil lawyer about suing the school for failure to protect your son and for possbly creating a criminal record for your son when he was merely defending himself and uttered words in the heat of the event.
The lawyer will help to protect your son's record and work to dismiss this matter.


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