13 Year Old Son Assaulted by Another Student at School

[Gena]

My question involves criminal law for the state of: Arkansas

Last Wednesday my son came home from school and informed me that another student, whom he doesn't know, came up to him and got in his face. The boy didn't say anything to him, just was up in his face sorta jumping at him. My son went and told the coach on duty and the other boy ran off. The coach informed my son that he needed to ask around to find out this boys name.
The next day I went to the school during lunch (which is when the incident the day before happened) and I sat across the room from my son and had absolutely no contact with my son. I didn't want anyone relating me to him. My son sent me a text while in the caffeteria and told me which kids was bothering him. I walked outside with all the kids when they were dismissed, still not having any contact with my son. When I seen the boy outside I asked a security guard to find out the childs name. He went to him, found out his name, and waited for a few minutes before he came back to me.
With the boys name I went to the office and spoke to the principle about the problem and gave him the boys name. The principle asked me what my sons name was and I told him that I wasn't going to tell him, because I didn't want him telling the other kid, which would cause more problems for my son. He said he would "handle the situation."
Friday afternoon about 5 p.m when my son got home from school I asked if the boy had bothered him. He said that at lunch the kid came up to him and asked if that was his mom there yesterday. My son said no... he asked him again, and when my son said no, this kid punched him in the jaw. I had told my son that no matter what to not hit back. My son went to the principle and told him and he said "ok go to class, I will handle it".
No one bothered to call me, after i was up there just the day before.
My son does not know this kid, or any of his friends. Out of no where this kid decides that he's going to single my son out and be a bully.
I took my son the the local police department the afternoon of the incident and made a complaint. I was told that i could press charges on this kid, but I do not want to cause more problems for my son at school. The school is only for 7th and 8th graders so he is a minor, and i am wondering if i do press charges what are the consequences for the boy... is it worth it?
This kid obviously has problems if he will just walk up to a complete stranger and try to pick a fight.. Just really wondering what my options are.
Thank you for your time.

[cyjeff]

Your option is to go to the police or to deal with it.

[AmparoDeLibertad]

Your option is to go to the police or to deal with it.

If by "deal with it" you mean taking the matter into his/her own hands or into the son's hands, that is a very bad idea. File charges at the police department. That is the only right way to handle this situation. Regardless of the "consequences" for the assaulter, it will be worth it far more than any other alternative.

As a side note, I do recommend self-defense courses for your son, in the event something serious happens, but know that if possible you should always avoid confrontation, as even fighting in self-defense is not always going to stand up in court if there was a reasonable way to avoid the conflict.

[LawResearcherMissy]

If by "deal with it" you mean taking the matter into his/her own hands or into the son's hands, that is a very bad idea.

That's not where he's going. Unca Jeffy doesn't advise vigilantism. Rather, by "deal with it", go in to school for a conference with the principal and the school resource officer and essentially force the principal to act.

Gena, you NEED to press charges AND you need to get yourself in to school and force the administration to get the situation under control. Your son's assailant is in violation of the State of Arkansas' Safe Schools law. (The online searchable code is currently down, but you should be able to look at a paper copy at your local library - look for ARK. CODE ANN. §6-18-514).

My eldest son was assaulted on school property a couple years ago by a student who had just moved into the district three days prior. The new kid was put up to the assault by a group of boys who were already on their last legs at school - they'd already been suspended multiple times and were on the verge of expulsion for harassing my son. They never touched my son, though, else they'd have been up in front of the Magistrate faster than you can say Bob's yer Uncle. Nope, instead, they preyed upon the insecurities of the new kid wanting to fit in. The kid outweighed my son by nearly 100 pounds, and was a good 5 inches taller. Knocked him off his bike and beat the ever-loving hell out of him. My son had the presence of mind to get a cell phone picture of the entire pack of kids.

The assault was captured on the school's security camera. We went to court, we listened to the kid claim he was frightened of my son and that's why he attacked him. The Magistrate noted that he had priors, and had been kicked out of his last school, which was why he had moved into our district just days before the assault. And then we listened to the Magistrate tear the kid limb from limb for lying to the Court, and castigate his mother for falling down on the job and raising a bully instead of a productive member of society. It was all done in 15 minutes. My son's assailant got 1000 hours of community service, had to write letters of apology to my son for hurting him, the school for making it unsafe, and the Court for wasting its time. He was required to pay restitution - an ER bill, broken glasses, broken iPod, torn up school bag and damages to his bike. He is on probation until he is 21 years old, and he may not have a drivers license until he is 21.

NO ONE has come near my son with the intent to harm him again. Because bullies? Are cowards. They don't want what their friend got, and now they keep their distance.

Press charges. Show them that they're not the Boss.