Legal Question in Criminal Law in Oklahoma

My son was charged with Assault and Battery

This took place at Oliver Middle School in Broken Arrow, Oklahoma

2 months ago my son hit another 14 yr old boy at school. My son hit this kid because this kid was taking pictures down his girlfriend’s shirt on the school bus the day before. The next day this same child started texting the pictures of this girls breasts and when my son found out he walked up to him and hit him.

Both kids were taken to the principles office and everyone admitted to doing what everyone was accused of doing. The school suggested to the parents of the kid my son hit that they could press charges, which really made me mad but I didn’t know this at the time they called me. My son was suspended for 3 days and the child that took the pictures received no punishment at all. There were/are no injuries to the kid my son hit. My son however broke a bone in his hand when the kid turned around and my son hit the side of his head.

2 weeks ago we found out that they decided to press charges. What advice can anyone give me that would help my son? If you have a little girl how would you feel about someone taking pictures down her shirt (age 14)? Keep in mind this kid received no punishment.

Asked on 7/14/09, 3:52 pm

1 Answer from Attorneys

Jay Ramey Jay K. Ramey, Attorney at Law
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Re: My son was charged with Assault and Battery

At one point you say the "school suggested to the parents of the kid my son hit that they could press charges" and then later you say, "2 weeks ago we found out that THEY decided to press charges."

Victims and parents of victims and any other private citizen CANNOT file charges. They can make a police report. The police report is given to the District Attorney's office. The DA then either files the charges or not. Unless and until you hear from the juvenile court that a charge has actually been filed by the DA's office then you have nothing to worry about.

It is not a LEGAL defense to assault and battery that the person hit was doing something illegal the day before. Your son could take this case to jury trial and hope that the jury does not follow the law and acquits him because of the wrongdoing of the "victim." But, again, it is not a legal defense.

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7/16/09, 1:49 am

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