13 Year Old Charged With 2nd Degree Assault In Maryland
My daughter was in school and there were two boys spitting from the top of the stairs onto people at the bottom. My daughter was spit on while picking a pencil up off of the floor. She was upset that she was spit on and she ran up the stairs after the boy. She was yelling in the hall while looking for him. There was a teacher in the hall and he told her to go to class. She said "Someone just spit on me and I'm going to kick his but". She wanted to get past the teacher and she said "Can you please move?" She tried to walk past him and he pushed her backwards. She in turn pushed him back. She then walked to the office. The administrators at the school called police. They came and asked her what happened. After she told them, they asked for her name and address as well as my information. When I got to the school, the officer told me that she is under arrest and that they are releasing her to my custody. She has been charged with 2nd degree assault and disturbing school activities.
Now I have some questions about this. Isn't it assault if someone spits on you? Shouldn't the teacher be charged with assault if he pushed her first? Since my child has been completely kicked out of school, and I don't meet with the superintendant for two weeks, is there something I can do about 2 weeks of lost wages? :wallbang:
Re: 13 Y/o Charged With 2nd Degree Assault In Maryland
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Isn't it assault if someone spits on you?
Yes, and I hope the school officials are disciplining the boys for their behavior too.
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Shouldn't the teacher be charged with assault if he pushed her first?
No one, but those present, has a first account of the events as they unfolded. IMO (from what you wrote), the teacher told your daughter to go to class and she refused, then she made a statement that shouldn't have been made.
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She said "Someone just spit on me and I'm going to kick his but".
Then she proceeded to try and get past him. So it could be stated that the teacher tried to restrain her or stop her from getting past him, in her opinion it was a push.
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She in turn pushed him back.
Oh, not good.
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Since my child has been completely kicked out of school, and I don't meet with the superintendant for two weeks, is there something I can do about 2 weeks of lost wages?
I don't know why you need to miss work. Isn't she old enough to be home by herself, or can't you find someone to watch her?
But to answer your question - No, if you have to miss work that isn't the schools fault. It's your daughters. Things would have turned out differently had your daughter listened to the teacher and let the school handle the spitting incident.
Your daughter is being charged with assault, and although I understand she was provoked, this did escalate into something it shouldn't have. This could be used as a defense to help her, but your daughter isn't blameless in this situation either.
Re: 13 Y/o Charged With 2nd Degree Assault In Maryland
Thanks, that was helpful. I spoke with my dad who is a lawyer and he told me that this would be the perfect time to teach her that she has to be accountable for her actions and face the consequences. I kind of feel like I am throwing her to the dogs. I know she needs to learn that every action has a consequence and maybe she will learn from this.
Re: 13 Y/o Charged With 2nd Degree Assault In Maryland
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Quoting twilliams1
Thanks, that was helpful. I spoke with my dad who is a lawyer and he told me that this would be the perfect time to teach her that she has to be accountable for her actions and face the consequences. I kind of feel like I am throwing her to the dogs. I know she needs to learn that every action has a consequence and maybe she will learn from this.
Yeah, it can be tough.
I am a parent of three (two are now adults), the teen years are challenging.
Good luck.