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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 11-03-2005, 05:24 PM
spirality spirality is offline
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Location: Indiana
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Default Adult's Battery of a Minor at a High School
On October 31, at my high school, my boyfriend was jumped from behind (he's 15) by a senior (he's 18) and they got into a fight. After the teachers broke it up, my boyfriend went back and hit him twice in the face. Apparently the senior was embarrassed or humiliated, because right after this he told some of his friends that he was going to "kill him tonight," meaning my boyfriend.

Later that night, my boyfriend and I were alone in my car when the senior and atleast 20 of his friends came up behing my car, taunted my boyfriend, and as he opened the door the senior immediately started hitting him, while my boyfriend was only trying to defend himself and get him to stop. The senior is a lot bigger and muscular, while my boyfriend weighs just 140 pounds.

The senior then proceeded to keep hitting him, while holding my boyfriend down on the ground while 10-15 other people crowded around and kicked and hit him. He came out with a foot print bruise on his forehead, he was kicked in the eye, had scratches all over, a cut on his ankle, and was also kicked in the ribs and chest.

I was the only witness on my boyfriend's side, so I was asked to give a statement to the police this morning. My mother went with me, and as we were discussing what happened, my mother asked the officer why the 18 YEAR OLD was able to get away with battering a 15 YEAR OLD at school and outside of school. She also asked why he hadn't been arrested, or even talked to by police. The office told us that the court system doesn't work that fast, and that they'd be lucky to get a warrant tomorrow (mind you, this happened 3 days ago).

My boyfriend and his mother have filed charges on two counts of battery. Don't people charged with battery get put in jail sooner, especially if they are of age and attack a minor? I need some answers, because this is all really stressful and it hurts very much. Please help me.
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Old 11-03-2005, 06:26 PM
cdwjava cdwjava is offline
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Depending on the applicable criminal charges in IN, it may take a few days or a month to get the case to the DA and then before a court. It is very likely that he will not even GO to jail before or after this event.

Another thing is that your statement regarding the number of assailants is almost certainly an exaggeration, and this may have made for some problems as to the veracity of events. It is impossible for 10 people to stand around kicking one individual. Unless they played tag team (which is possible), this could not have happened in this manner.

And where did this group of 20 people materialize? Do you all live in the same apartment complex? Or does this guy wander around with a crew of 20?

I suspect the numbers were actually much smaller. Even so, it is is still a crime and COULD be a felony (depending on the circumstances and injuries obtained). If 10 people did not seriously injure your boyfriend, I suspect that the beating was not all that serious (in the broadest perspective).

And any number would have been bad ... even 3 or four people is bad. So, you might want to reconsider the numbers of assailants in your statement.

Let your boyfriend and his family deal with the police ... it is their issue. These things do take some time, so see where it comes out in a month or so.

- Carl
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