Legal Question in Criminal Law in Virginia

Hello,

My 16 year old son and his mother were breaking up a fight at Petersburg Middle School between his sisters and 3 girls when he was punched in the face by one of the other girls (which left a noticeable bruise on his face). He immediately turned and punched the girl back that hit him. According to him and his mother, he only struck the girl once and did not hit anyone else before or after. He has an average GPA, plays sports and has never been in arrested or in this type of trouble before. He has been charged with assault and I don't know how much trouble he can be in and if we need an attorney, or will this be looked at as a first offense and he more than likely be given a light punishment.


Asked on 5/04/10, 2:40 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

The problem with this situation like most similar situations is not what actually happened, but what can you PROVE happened. What will people SAY happened? What will the judge or jury believe?

If people show up and say that your son attacked girls unprovoked and for no reason, then he could be treated very severely (although as a minor it will still be relatively light).

It has happened before. You might be shocked by what you hear people say when they testify. Certainly the girls will probably have lied to their parents already and may continue to lie. THey will make it sound like it was not their fault. They will probably not admit what happened. They will tell a completley different story.

So if the judge believes that this big strong sports jock just attacked and hit this small girl for no reason, it will look very, very different and the result could be bad.

So, first, it is very important that you find any one who might be a witness to what happneed -- even people you might not think about -- and get thier name and if possible their statement.

You want to get a written statement if possible, because people can change their mind. They can suddnely decide that htey want to please someone else. They can be pressured. THey can forget. It is simply too important. You want to get their statement in writing.... if possible.

You should think about whether there might be security camera surveillance tapes from the school. GO THERE and stand there and look around at that same time of day. Can the school bus drivers at the road see that part of the school from their buses? What about office buildings nearby? You might find witnesses that you don't expect.

Howeve,r your son will be tried in JDR, Juveinle and Domestic Relations court as a minor. JDR is designed to treat teenagers lightly and work to rehabilitate them, and leave no permanent record. He will probably be treated fairly lightly.

But it will still be bad for his record and situation if the judge believes your son attacked a school girl for no reason.

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Answered on 5/09/10, 5:03 pm


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