Although school should stay a safe place for children to learn, school fights can sometimes break out. However, this may not be a situation that ends with school officials simply calling upon parents to punish their own child, or even taking disciplinary measures such as issuing a suspension. Instead, school assault charges may be filed such that you may need to call juvenile defense lawyers to represent them and/or their child in court.
What happens if a school fight leads to assault charges against your child?
As a child’s legal guardian, you could face one of two different scenarios if your child is accused of assaulting another student or person at school.
- You could receive liability for your child’s actions. Called “parental liability” and simply means that the court will hold you responsible for your child’s actions. If found liable, you will have to compensate the injured child’s parents for the injuries the child suffered. The injured child’s parents may also sue the school for liability as well. School liability and parental liability can be present (and sued for) at the same time.
- Your child could receive charges with a juvenile criminal offense. Today, schools take physical violence very seriously. You may need to hire juvenile defense lawyers to protect your child if accused of assault in school.
Schools are cracking down on violence; while the goal tries make schools safer, it can also mean that your child received accusations of fighting when actually innocent. Or, perhaps your child did engage in fighting, but only in self-defense. Either way, you’ll need experienced juvenile defense lawyers to represent and defend your child in court if necessary.
How an Attorney Defends Against Accusations of Assault
A juvenile lawyer will first talk to your child to ask what happened. They will then match that to the evidence their legal team gathered. Doing so helps establish whether or not your child was acting out in self-defense or not.
One of the best ways to determine whether or not your child was engaging in self-defense is to find out if:
- Your child received verbally threats with physical harm and simply protecting him- or herself, or
- Your child was protecting someone else against those who presented imminent physical danger.
A criminal defense attorney will also:
- Talk to others. Your child’s criminal lawyer may ask to speak to the parents of the children who were witnesses, and ask the children to write down or dictate what they saw. Any adults who were witnesses should also provide written statements.
- Look for video evidence.
Juvenile Defense Lawyers Are Here to Help!
Has your innocent child been charged with assault in school, or are you facing parental liability? Contact our experienced juvenile defense lawyers for help! Our office hours are 8 a.m. – 5 p.m., but we are available 24/7 to take your call at 602-667-7777. Or, chat with a live representative through our convenient online LiveChat. We offer free consultations and affordable payment plans. Protect your child and yourself by calling Lerner & Rowe Law Group today!