[notreallybob]

One of my (college) students used a remote controlled dog training collar to shock a friend and classmate. He snuck up behind her and zapped her through jeans on the leg. Over the period of a day there were a number of victims to this prank but this particular young lady filed assualt and battery charges. She did this after feeling that the admonishment that he got from the Dean was not severe enough.

I think that her reaction was disproportionate to the offense and have been doing some research that might help his defense.

The primary defense is that while it was in poor judgement, it was a harmless prank and that the charges are too severe.

The owner's manual of the collar states that it delivers a "harmless shock the equivalent of scuffing your socks across the carpet" Also the Web is full of prank devices(soda cans, lighters etc) that deliver similar shock as a prank. The part that worries me and that I seek help for, is that the code of VA uses common law definition and defines assault as harmful or offensive. The term "offensive" is what troubles me.

Does anyone have any advice for a defense strategy that will help keep this stupid prankster from a criminal offense that would permanantly mar his record?

He has offerred a sincere apology and offerred to wear the collar around his neck and give her the control for a day to drop the charges. No deal yet.


Any advice?

[jk]

What can I say; the best thing that comes to mind is "too bad, so sad"

While you may beleive the kid should get away with this, the person that it happened to obviously does not. It is then up to the courts to decide if it falls within the statute, which it sounds like it does.

Why do you believe a person should be excused for being a jackass?

If defferred adjudication is a possibility in your state, I would look to that.

Have you tried offering the victim copious amounts of cash? Since you seem to be so involved, maybe the two of you together could come up with a couple $k to ease the victims injuries.

[notreallybob]

I assure you my involvement falls far short of $s. I hadn't considered money as a motivation to swear out a warrant but after reading about "an accord and satisfaction" it seems plausible.

Thank you for the fast reply.