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Expert James
Expert James, Lawyer
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My son is 15 yrs old - yesterday at school a boy 18 yrs. old

Customer Question

my son is 15 yrs old - yesterday at school a boy 18 yrs. old punched him in the face and knocked him out. When my son came to he got up and the kid punched him again. My son grabbed a wrench and told the boy he was going to beat him with it but instead he ran up to the office and told administrators. This all took place during a class. The teacher was working on a car and had put this 18 yr old student in charge of showing the others a project. When asked if I wanted to press charges - the officer told me that both boys said they could let it go. However, when we got in the car my son said that he absolutely thinks we should press charges. What should I do? I have tried to make an appointment with the principal bot he put me off until tomorrow. - this happened yesterday.
JA: What state is this in? And how old is the car?
Customer: California
JA: Has anything been filed or reported?
Customer: the sheriff took a report - but said it was more of a statement than a report
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 4 months ago.
Category: Legal
Customer: replied 4 months ago.
I don't know how long my son was knocked out, and neither does he. I don't know if they interviewed kids in the class, why the teacher wasn't around, or if my son is safe at school today. I went to the office this morning but was told i needed to make an appointment - I did - for tomorrow at 11am. Shouldn't the school be concerned with ensuring my childs safety? And letting me know that they have done everything possible to keep him safe while at school?
Customer: replied 4 months ago.
My son is barely 15 - and this other boy is 18.
Expert:  Expert James replied 4 months ago.

Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience.

ANSWER: It sounds to me that, based on what you've described, an adult committed the California offense battery (the actual use of force or violence upon someone else), under California Penal Code 242.

I cannot really tell you what to do. Only you and your family can decide whether you want to pursue charges. Just because you and your son decided to let it go a few days ago, it does not mean you are forever precluded from pressing charges.

So you can still go to the police department and ask them to pursue charges. But be advised that just because you ask them to does not mean the police or DA will pursue it. They will investigate first and then make a decision.

I hope that answers your question. Please remember to click on a rating at the top of your screen and hit the submit button - 4 or 5 stars are appreciated.

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Thank you!

Customer: replied 4 months ago.
Thank you
Expert:  Expert James replied 4 months ago.

Absolutely. Please do not forget to give me credit for doing my job by going to the top of the page and clicking on the appropriate rating. And if you were satisfied with my service to you and you have any new questions in the future, come back to Just Answer and write "FOR JAMES" in the body of your question. That way, I will be your personal Professional.

Expert:  Expert James replied 4 months ago.

I am having technical issues on my end. Are you able to see the stars at the top of the page and if so, are they blanked out or can you make a choice?

Expert:  Expert James replied 4 months ago.

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but the question is still open and no credit has been given. Do you require additional assistance? Please let me know. Thank you!