One of my (college) students used a remote controlled dog training collar to shock a friend and classmate. He snuck up behind her and zapped her through jeans on the leg. Over the period of a day there were a number of victims to this prank but this particular young lady filed assualt and battery charges. She did this after feeling that the admonishment that he got from the Dean was not severe enough.

I think that her reaction was disproportionate to the offense and have been doing some research that might help his defense.

The primary defense is that while it was in poor judgement, it was a harmless prank and that the charges are too severe.

The owner's manual of the collar states that it delivers a "harmless shock the equivalent of scuffing your socks across the carpet" Also the Web is full of prank devices(soda cans, lighters etc) that deliver similar shock as a prank. The part that worries me and that I seek help for, is that the code of VA uses common law definition and defines assault as harmful or offensive. The term "offensive" is what troubles me.

Does anyone have any advice for a defense strategy that will help keep this stupid prankster from a criminal offense that would permanantly mar his record?

He has offerred a sincere apology and offerred to wear the collar around his neck and give her the control for a day to drop the charges. No deal yet.


Any advice?