Can You Fight Back if You're Assaulted by a Minor

[Dawn Marick Garman]

My question involves criminal law for the state of: North Dakota

Can my 18-year-old senior son bullied and assaulted by a minor from school fight back

[Mr. Knowitall]

Odds are the school has a policy that provides that if your son lays hands on another student, even if "they started it", he's subject to discipline for fighting. Also, any time he chooses to hit somebody else, he risks being criminally charged.

He can get help from whatever school officials address disciplinary issues at his school.

[HRinDEVON]

If said school officials fail to render immediate help to abate the situation , I would suggest two parallel thrusts, the victim contacts local law enforcement with names and events and places etc....and you as parent rapidly push it up the administrative chain of command in writing sticking to facts . In writing!
And pay attention to any school policy/rules as to reporting bullying or violence..and follow same ..and keep good written records.

[eerelations]

Why wouldn't the 18-year-old just do the same thing with the minor that he would to do with an adult who is attempting to assault him, i.e., walk away? (And call the cops or other relevant authorities if the assault continues?)

[cdwjava]

My question involves criminal law for the state of: North Dakota

Can my 18-year-old senior son bullied and assaulted by a minor from school fight back

Legally, a person can act in self-defense even when being attacked by a minor. A minor is not a protected class, especially when committing a crime. But, while the "adult" teen might not be charged with battery for acting in self defense, the school might still move to suspend or expect him for fighting.

But, keep in mind that many claims of "self defense" are actually more of a mutual combat situation where both could be liable for criminal charges.

If your adult son is being bullied, he needs to speak with someone at the school. I guarantee that they have an anti-bullying policy.

[HRinDEVON]

Odds are the school has some sort of policy that requires one to retreat and not fight back ..and some severe discipline if you do ,fight back. In my school the victim of an assault who fought back and admitted his role got a long suspension while the known aggressor who did not admit his role ..walked on the event ...and the details got hidden behind the wall of FERPA .

[flyingron]

Note that self-defense means protecting yourself from injury, it doesn't mean "fighting back" which most likely devolves the situation into a mutual brawl.

[Mr. Knowitall]

Some time ago we had a parent post a story about her older teen who "fought back", but the incident was caught on camera and (whatever may have happened in the past) the teen was the aggressor in that incident and ended up facing serious criminal charges.

[DeputyDog]

Also keep in mind that self-defense must be reasonable, and age will factor into that.

If I, an adult, am walking down the street and another adult I don't know comes up and shoves me, I am probably reasonable to react in a much more forceful way than if a 10 year old did the same thing. Sometimes, someone has to choose to be the adult. It should always be the one who is factually the adult.

This will come into play in this case if the 18 year old is "assaulted" by a freshman who merely grabs his arm or pushes him. If that's what the juvenile does, it's not suddenly open season on the juvenile because of self-defense.