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  1. #1
    Join Date
    Aug 2010
    Location
    Southwest Virginia
    Posts
    1

    Default 9 Year Old Charged with Assault and Battery

    My question involves juvenile law in the State of: Virginia

    My 9 year old and a friend of his got into a very childesh fight..... in front of my house. My son defended himself only after the other boy hit him in the face with shoes. My son actually bled, the other child had no abrasions, cuts, scratches, and no sign of blood. Now this child's mother has officially charged my son with assault and battery. There were other children there who witnessed the whole thing. He had to go to juvenile court services when the fight happened. His arraignment is soon, and we just don't know what to expect. My son is a very well mannered child, has never been in any trouble at all, and this is actually the first time he defended himself. This whole mess has my son very nervous, because he wants to either go into law enforcement or become a military sharp shooter, and worries that if by defending himself he will be unable to follow his dreams. Any help (what to expect, what may happen in court) would be greatly appreciated!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: 9 Year Old Charged with Assault and Battery

    Tell your son to try to calm down. A childhood scuffle is not going to keep him out of the police academy.

    First, get your son an attorney. You will not be permitted to speak on his behalf in court.

    At his arraignment, his charges will be read to the court, and he will be asked if he understands them. A few questions will be asked regarding the incident - what happened, why did you fight, who was injured, how were they injured? Then the judge or magistrate will consider all information given, and decide on a punishment, or dismiss the case entirely.

    If your son is the one who suffered injury, it's a good bet the plaintiff will be given a stern lecture about wasting the Court's time and the case will be dismissed.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: 9 Year Old Charged with Assault and Battery

    An overview of Virginia's juvenile court system is offered here. It focuses on the formal side of proceedings. I don't know your state's juvenile court system, but in many states a case like this is handled informally - the court mostly wants to know what happened, whether the child has a stable home and school life, and if it's necessary to exercise supervision or take additional measures to help the child keep out of trouble in the future. A local lawyer who handles juvenile court matters can inform you of the court's approach.

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