[rmm]

My son was assaulted in school by 2 boys. His had no bodily injuries, other than some pain in his chest and back where he was hit.

My first question is "Is this considered assault under the NYS Penal Code or is this simply considered harrasment".

When we went to the police station to file a complaint and have charges filed, Officer Kitson advised us that what happened is not considered assault, but harrasment, and that there wasn't anything they could do to help us.

Second, my son was fearful of his safety after being attacked and left the school. The school administrators called the police, who then tracked down my son and attempted to take him back to the school. My son was afraid at this point that either A) the police officers would hurt him or B) if they did take him back to school the boys would hurt him again. He went limp and refused to talk to the officers, who then became quite rough with him, handcuffed him, put him in the back of the car, and charged him with resisting arrest and assaulting a police officer.

At NO time was my son ever read his rights, offered a phone call or an attorney (he is 15). We were not even called by the police, but by the school administration. The police threatened to take him down to family court, I'm assuming they were going to place him in foster care?

The also illegally and without just cause, searched his backpack (they found nothing).

The same Officer Kitson told me that since they weren't able to question my son, they didn't have to read him his rights, nor did they have to offer him a phone call or an attorney.

My second question: is this true? I've been doing a little bit of research since this happened, and it seems to me that when the police place you under arrest and charge you with a crime, they have to read you your Miranda rights.

My son has always been an exemplary student, a member of FBLA and plays football. All of his problems at school stem from being picked on or being assaulted by other students (hit, slapped, touched).

Thank you in advance for any help.

[aaron]

My first question is "Is this considered assault under the NYS Penal Code or is this simply considered harrasment".

If the other kids hit him, it should be an assault and battery. It sounds like the police don't want to get involved, for whatever reason.

The also illegally and without just cause, searched his backpack (they found nothing).

If they arrested him, that would be a "search incident to arrest", which is lawful.

I've been doing a little bit of research since this happened, and it seems to me that when the police place you under arrest and charge you with a crime, they have to read you your Miranda rights.

Your Miranda rights relate to custodial interrogation, not arrest.