Legal Question in Civil Litigation in Pennsylvania

Harassment

My son was punched in the face by a team mate during football practice. The team was lifting wieghts and my, I don't know if he jumped ahead of his turn, which might of made the boy that hit him upset, but nether the less, my son needed help raising the barbell towards the end of the repetition. This boy was standing there an my son asked for help, meanwhile he is struggling to lift the barbell. the boy just looked at him. someone else helped my son. when my son got up. he went over to his team mate and pushed him and said why didn't you help me. At which time the boy punched my son in the face with a 5 pound wieght. my son received 6 stitches truama to his eye, and facture to his cheek bone. We cantacted the authorities and told them we are seeking to press charges, but we were by the detective that the other parents said if we press charges then they will also press charges for Harassment and the detective said that my son would then be arrested. My question is, would my son be charged for harassment. He was in need of help and the boy just stood there, and when my son got up he shoved the boy and said why didn't for help me, he probally was alittle upset. The boy said he was pushed 3 times and witnesses say my son pushed 1 time


Asked on 5/16/05, 4:55 pm

2 Answers from Attorneys

Mark Johns Mark Johns, Esquire

Re: Harassment

Your son was the first person to make physical contact and as such the action would be mutal combat. While the other boy would face more severe charges your son could be charged with harrasment, a mild form of simple assault.

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Answered on 5/16/05, 6:03 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Harassment

I agree with what Attorney Johns said. I also believe that the other boy could possibly be charged with aggravated assault, which is a much more serious charge.

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Answered on 5/16/05, 10:11 pm


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