[cornflake75]

My question involves juvenile law in the State of: FLorida.
My 17 year old stepson was involved in a fight in school which resulted in the other boy being taken to the hospital and having major surgey on his face. Thank the lord that the boy didn't die, for that we are thankful.

As far as I am concerned is matters not who started this fight but more important, my son severly injured another person. The other boy's parents are persuing charges.

My question, in Florida for a first offense being a major assault charge, is it reasonable to assume that my son is going to juvenile or even jail? This just happened and we haven't yet hired an attorney. That is next. Thank you!

[cyjeff]

It depends....

If your son used any weapons or objects during the fight, different charges may result.

If the fight was the result of a hate crime, different charges may result.

If the fight was one sided (i.e. bullying), different charges may result.

I would go ahead and get that attorney.

[cornflake75]

According to my son, and this is his storty, his freind was being picked on, when my son stepped in to defend his friend verbally, the boy tried to hit him, and my son hit him in the face. No weapons, no hate crime, just a couple of stupid kids

[cyjeff]

While theoretically possible, I have been in enough fist fights to know it usually takes much more than a single punch to send a kid to the hospital for major surgery.

I have 5 brothers. Getting a face shot in our family was like a hallmark card... it said you cared.

Not making light... just saying that I have a fair amount of experience... and your son would have to have a great punch or some advanced training to do that much damage with a single blow.

I would do some more digging... ask for the police report.

[cornflake75]

Yes, I undestand your point. Here's another question, my son's (stepson) mother has full legal custody. He is with us half the time. I have advised my husband that even though she is has primary, we are legally responsible for this as well. Please correct me if I am wrong.

Also, getting back to my original question, would there be a possibility that he doesn't go to juvenile jail or jail??

[525601minutes]

The mother and the father are equally responsible for the 'damages' caused by their son. You and your husband are not. Depending on the investigation, how things look to the DA etc., the 17 year old could even be tried as an adult and serve jail time. Then again, your stepson could get a slap on the wrist. We can not predict the outcome - but your husband should certainly hire a lawyer - quick!

[cyjeff]

For both the criminal trial and the civil suit that is sure to follow.

Both bio parents are equally on the hook.

Again, why I STRESS that all parents should take out a $1 Million umbrella policy for their kids.

[cornflake75]

So, we had our family meeting last night and now I am being told a little bit of a different story. My step son hit the other boy about 3 times and he maintains that this ohther boy threw the first punch and there are also written statements from students advising of this as well.

ANyhoo, I really want to be done with the entire thing. My step son has such an attitude and could care less that we are responsible for his stupidity. So even though we have NO rights as far as he is concerned, we are screwed and must hire our own attorney?

[cornflake75]

My stepson is the one who caused the damages? I don't understand your answer

[LawResearcherMissy]

So even though we have NO rights as far as he is concerned, we are screwed and must hire our own attorney?

Yes, and hire one QUICKLY.

In many school districts, there is a Safe Schools policy in effect, which means the punishment is going to be more severe than if it was a fight in your street.