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Battery

Criminal Law Discussion Forum

Battery

Postby Burkett » Wed Nov 23, 2016 9:13 am

Hoping you can help.  Yesterday, I was called to my son's middle school and informed my son was being charged with battery.  I met with the principal and was told that my son went behind another student and shook his backpack while he was sitting down.  Now the other students parents are pressing charges and my son will be charged with battery.  Is this right?  At no time, did he touch the student's body, only his backpack(it is seen on video).  My son, I believe, has not been fairly treated by this school.  Now they are saying he will have to go to Teen Court(Florida).  I don't really want this on his record and would be willing to fight if it is unfair.  Any advise would be appreciated.
Burkett
 
Posts: 55
Joined: Wed Jan 01, 2014 3:50 am

Battery

Postby Radley » Sat Nov 26, 2016 9:11 am

Stacy,

While I cannot speak for the state of Florida I can tell you that if this happened in MY state battery would be an appropriate charge.  In MY state battery is simply the "unwanted touching of another person".  So the shaking of a backpack would fit that definition.

However I do wonder why such a trivial matter would be prosecuted by the state.  Surely the police had to be involved and so did the prosecutors office if the decision has already been made to take the case to Teen Court.  I wasn't there but there had to be some violent shaking of that backpack.

I cannot give you legal advice but I hope that the principal and the police have explained all of this to you.
Radley
 
Posts: 45
Joined: Wed Apr 09, 2014 8:26 am

Battery

Postby Drogo » Mon Nov 28, 2016 4:04 am

Hoping you can help.  Yesterday, I was called to my son's middle school and informed my son was being charged with battery.  I met with the principal and was told that my son went behind another student and shook his backpack while he was sitting down.  Now the other students parents are pressing charges and my son will be charged with battery.  Is this right?  At no time, did he touch the student's body, only his backpack(it is seen on video).  My son, I believe, has not been fairly treated by this school.  Now they are saying he will have to go to Teen Court(Florida).  I don't really want this on his record and would be willing to fight if it is unfair.  Any advise would be appreciated.
Drogo
 
Posts: 53
Joined: Sat Feb 01, 2014 11:25 pm


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