Legal Question in Consumer Law in Wisconsin

18 yo and 17 yo in high school fight

18 year old is in jail, court set for tom. at 2pm, won't let him out or let him talk to anyone. 17 year old was fine after fight and later cops showed up an arrested 18 year old & charging him with felony assult on a minor. the 17 year old started the fight and assulted the 18 year old first. HELP!

Asked on 2/08/07, 9:24 pm

1 Answer from Attorneys

Jay K. Nixon NIXON LAW OFFICES
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Minor and Adult in School Fight

The eighteen year old needs a good criminal lawyer as soon as possible, as does the 17 year old. Although both would be treated as adults for purposes of criminal liability under WI law, the real adult (over 18) could indeed be convicted of a felony if he unjustifiably assaulted the pseudo-adult seventeen year old. However, either one of them would be found not guilty by the jury if the jury agreed that they were legally justified in defending themselves or if they succeeded in asserting any other affirmative defense. Unfortunately, if anyone in the picture cannot afford to post bond, they might have to either wait in jail for their trial or plea bargain for an earlier resolution of the case. The primary concern of the court would be whether or not the fight will continue if both are released. If your lawyer can somehow assure the judge that there is nothing to worry about in this regard, it might help in reducing the bond. It certainly sounds as though both of them should not be in the same school together any more. However, since both of them are likely to be expelled, that may not be an issue. (Even if self defense arguments succeed in court, they may not succeed under some school district’s “zero tolerance” policies regarding violence on school premises.)

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2/09/07, 5:52 pm

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