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  1. #1

    Default Assault Between Minors In School, Florida

    My son has been involved in several incidents during school hours. Most recently he was grabbed from behind and the boys ended up on the floor with my son belly down and his head being banged into the floor. As he swung and kicked in defense he hit the other boy at which point the other boy backed off enough for my son to get up, punch him in the belly and run. When a teacher finally arrived they saw the last part only and dubbed my son as the aggressor. they will not share any witness statements or give me any details to collaborate my sons story. I am worried about pressing charges and what will come of the charges as the other childs parents will be encouraged to press charges against my son as well. If either of the boys are found guilty what will the sentence be and how will it reflect on the child in the future? what is the statute of limitations to press charges for this type of offense? I would like to avoid pressing charges but the school will not give me any details or information and they do not seem interested in investigating the fight. I feel like pressing charges is my only outlet to get to the truth. As this is not the first event with similar circumstances can i press any charges on the school for failing to protect my son from these "bullies"? Any suggestions? FLORIDA

  2. #2
    Join Date
    Dec 2007

    Default Re: Assault Between Minors In School, Florida

    If this is not your sons first dealing with the school then you should be aware of the policies regarding fighting. What are they? Most likely a no tolerance to anyone involved in a fighting incident.
    The school can deal with this interally with suspension, etc...whatever they deem as punishment or they can involve the police. If the police are involved, they will contact you and it will not be up to the school to press charges at this point it will be up to the local DA.

  3. #3

    Default Re: Assault Between Minors In School, Florida

    Thanks. we have a school resource officer to help us in these situations. I plan to speak with the SRO about presing charges on the other student involved. It was not a mutual fight. Normally some words are thrown, some shoving and then a fight. My son was attacked from behind while on his way back to his desk after turning in a paper to the teacher. he was being chocked from behind. he tried to defend himself and get the kid off of him so he could run and get a teacher. the teacher in his class never got up from the desk. a teacher from across the hall had to come in and see the end of the event. We feel like my son is getting the bad end of the deal becasue he tries to defend himself against these bullies that are 3 times his size, we get no help and no protection. they dub him an agressor and immediately give him the max suspension. he now faces expulsion. He was a perfect student prior to this year. He is now in middle school where rules are tougher, but i dont feel expulsion for self defense should really apply. No tolerance for fighting, ok, but self defense when the child feels afraid and knows from prior inccidents that no one will come to his rescue. i dont agree. I'm not sure what to expect from pressing chrages but it might be my last option, thanks for your opinions.

  4. #4
    Join Date
    Dec 2007

    Default Re: Assault Between Minors In School, Florida

    I caution you regarding pressing charges against the other child. Do what you need to do, however, realize that your child has been identified as the aggressor and you need to realize that the parents of the other child involved will press charges against your son (criminal) and since your child was identified as the aggressor, your childs punishment will likely be the same if not worse than the other kids. I would not recommend that you do anything that may put your son in a position to face criminal charges.
    I also recommend that you get your son into see a therapist as soon as possible if he is not already. This will look in favor of him if he does face expulsion. And just so you are aware, there is no such thing as a "perfect student" so use these words sparringly when you deal with school administrators as you will then be identified as a part of the problem.
    Also be sure when you have your expulsion hearing to ask to view the teachers statement. The teacher that was supposed to be watching that is.
    Hire a local attorney if you feel that you are getting no where with the school.

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