[nao13]

My question involves criminal law for the state of: Indiana My 13 year old nephew beat up another13 year old girl in school during class. The girl had to go to the hospital for a split lip, black eye, and missing some hair. Now the parents are pressing assault charges on him. We have never been in this situation before so were not sure what consequence he or his mother are facing. May i get some advise?

[aaron]

He's presumably heading off to juvenile court, where if he chooses he will have the right to defend himself against the charge. As you don't suggest that he's innocent, we can reasonably assume that he will either enter a plea bargain or be convicted at trial.

This sounds like a pretty serious battery, so when fashioning a disposition the court can be expected to want to know what's going on with your nephew that would inspire him to commit such a crime, and would have good cause to consider a custodial sentence. The court will also consider his home life, prior involvements with law enforcement, and academic record.

[cdwjava]

First thing to do, engage an attorney - he faces some potentially very serious charges here.

What his potential penalty might be will depend on the specific statute(s) under which he is charged. if you know those, please post them. If not, just understand that it could be very, very bad.

Also, there is no parent-child privilege, so mom needs to be careful how much information she obtains from her son as she could be called to testify for the prosecution so it might help for her not to get too much info from him just now.

- Carl

[nao13]

My question involves juvenile law in the State of: indiana. My son is 13 years old and got into a fight @ school. Now the parents are going to press charges. They're child was injured, and had to go to the hospital. Am I going to be held liable?

[gigirle]

Of course you are! Your son will likely be criminally charged with assult. After that, your likely to be sued in a civil court for the damages your son caused to the other child. Get a lawyer the minute you become aware that he is being charged.