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  1. #1

    Default Assault and Battery Causing Serious Bodily Harm

    My question involves criminal law for the state of: Iowa

    I am worried for my son.

    He got into a fight at school a couple weeks ago. The story goes that he and his friend were arguing all day. Once it got towards lunchtime things have escalated. The other kids starts making fun of his speech problems that my son has dealt with since he was born. My son snapped, got up and punched the other kid square in the nose. No other punches were thrown after that. The other kid went to the hospital and had a broken nose. The other familys insurance deductible was 3500 dollars. We recieved a letter in the mail that my son was being charged with assault causing serious bodily injury. At the time my son was 17 but he will be tried as an adult for this court case. Immediately after he threw the punch he was remorseful and claimed for responsiblity for the fight. He told me he just snapped. He plans on pleading guilty at the court case. Do we need a lawyer? What can we expect as punishment? what are the chances of him receiving jail time? Will this follow my son for the rest of the life for one stupid moment of passion? It is also worth noting that my son is a first time offender. This is the first time he has done anything wrong with the law.

  2. #2
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Assault and Battery Causing Serious Bodily Harm

    You should not throw in the towel and immediately suggest he plead guilty, not guilty is usually best, if you need time for a lawyer to work out details. The lawyer can help him at school also, to minimize damages. Hire a lawyer and attempt to get the charges reduced to disorderly conduct. You should plan on paying the hospital bill. Advise him to make no more statements to anyone except his attorney.

  3. #3
    Join Date
    Mar 2012
    Posts
    9

    Default Re: Assault and Battery Causing Serious Bodily Harm

    Quote Quoting WorriedDad1010
    View Post
    My question involves criminal law for the state of: Iowa

    I am worried for my son.

    He got into a fight at school a couple weeks ago. The story goes that he and his friend were arguing all day. Once it got towards lunchtime things have escalated. The other kids starts making fun of his speech problems that my son has dealt with since he was born. My son snapped, got up and punched the other kid square in the nose. No other punches were thrown after that. The other kid went to the hospital and had a broken nose. The other familys insurance deductible was 3500 dollars. We recieved a letter in the mail that my son was being charged with assault causing serious bodily injury. At the time my son was 17 but he will be tried as an adult for this court case. Immediately after he threw the punch he was remorseful and claimed for responsiblity for the fight. He told me he just snapped. He plans on pleading guilty at the court case. Do we need a lawyer? What can we expect as punishment? what are the chances of him receiving jail time? Will this follow my son for the rest of the life for one stupid moment of passion? It is also worth noting that my son is a first time offender. This is the first time he has done anything wrong with the law.
    I'm not one to inform you of the penalties, but DO NOT plead guilty! Get a lawyer or public defender! Things can be negotiated in court, especially under the circumstances you mentioned and your son having a clean record, he will probably get a lesser fine. School fights happen on a daily basis and A LOT more violent ones at that. Don't fret, things will work out.

  4. #4
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    346

    Default Re: Assault and Battery Causing Serious Bodily Harm

    Seems to me your son might want to report a bullying incident or two.

  5. #5
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Assault and Battery Causing Serious Bodily Harm

    Deftinely plead not guitly it's a formality even if you are guitly,like others said the charges can be lower to something not as serious,he might even be able to enter a diversion program or sometime 1st time offender program to avoid a conviction. I think the kid got what he deserves but it's in the courts hand now.

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Assault and Battery Causing Serious Bodily Harm

    Will he get jail time .. who knows, too much depends on the facts of the case and the judge. You were not there so take your kid's statements with a grain of salt.

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