[Concerneddad4]

My question involves criminal law for the state of: Pennsylvania.
My boy (jeff) in the 8th grade was involved with a classmate in a fight. The other kid threw plaster in my kids face and said "what are you going to do about it?". According to my kid, he replied "don't do that again.". The other kid shoved jeff into a desk at which point jeff punched him in the chest. The other kid put him into a headlock. Jeff escaped and said the other kid was coming at him again, at which point jeff picked up a stapler and took a swing. This resulted in a "cut" to the other kids elbow, and a simple assault (m2) and disorderly charges brought against jeff..no charges against the other kid. Police interviewed jeff alone in a room before we got there, and when we got there, they said jeff lost his temper during the fight and because he picked up the stapler, it was automatically assault. No witness statements were taken, no school nurse report was taken and the other kid has been in trouble so many times before he has a "wrap-around" adult that is supposed to supervise him.
M2?? is there an 'automatic' situation that transpired that makes this a clear-cut case against jeff? doesn't seem right on many fronts from my perspective..

[Mr. Knowitall]

When somebody brings a weapon into a fistfight, or worse strikes somebody else with a weapon, it's not uncommon for that to be deemed an escalation of the fight.

[GuyInTexas]

Just browsing the forums, have to say this really offends me that some bully can get away with that. No matter what the law, if I was on the jury you would never be found guilty. I wish you and your son luck. DO whatever you can to keep him from getting a record, once you are in the system it is almost impossible to get out of. That includes probation.