What charges couldI bring against a juvenille who assaulted my son?
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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 12 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.
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