Legal Question in Criminal Law in North Carolina

There was an altercation at school between 2 students. My son, as well as, many others students were standing around. A father of one of the students stepped in between them, and the altercation broke up. The wife of the man started yelling antics at the students, and was looking at my son. He asked her, who she was talking to. The father ran up to my son, and punched him, he was going to a second time, but another student tackled him. The man was not arrested, because I was told, he could file charges against the student that tackled him, and so on. Could I file assault charges against the man for hitting my child? What kind of punishment would he be looking at?


Asked on 11/28/11, 1:08 pm

1 Answer from Attorneys

Sure, go to your local magistrates office and swear out a warrant for assault. Sometimes magistrates will try and 'talk' you out of having a warrant issued or they may flatly refuse to issue a warrant. If this happens you may need to firmly remind the magistrate that he is obligated to issue a warrant if someone is making a legitimate allegation that a crime was committed.

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Answered on 11/28/11, 1:35 pm


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