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  1. #1
    Join Date
    Oct 2005
    Location
    Pennsylvania
    Posts
    2

    Default Assault and Battery in a Public School

    I have a potential scenario that I've had some questions on. I'm unsure on a few aspects of the law on assault and battery in Pennsylvania. Here are the specifics:

    Say that a legal adult (18 years of age) would provoke a fight with a minor who is 17 on school property. The 18 year old has a record and served time in a juvinile facility in the past for that. Assuming he hit the 17 year old first and he is an adult, what would the potential for punishment be in Pennsylvania? Would the circumstances be different off of school property? Would the situation change depending on what words were exchanged (i.e. an arguement)?

    Another aspect of this I'm curious about is if the 17 year old swung back at the adult in his defense would the 17 year old be at fault or liable for any fine? I've been told that a $400 fine is associated with involvement in any fight, though I'd like to know how true that statement is. Logically I would not think that someone trying to defend themselves in a fight begun by someone else would be at any fault but I would just like some clarification.

    Thank you very much for your help!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Assault

    It's dangerous to speak in hypotheticals, if you have any inkling that this might turn into a real situation. Scenario: Person 1 hits person 2, causing person 2 to fall and strike his head, causing a subdural hematoma which leads to death, and the resultant charge is voluntary manslaughter (or worse).

  3. #3
    Join Date
    Oct 2005
    Location
    Pennsylvania
    Posts
    2

    Default

    I suppose it isn't the best to speak in hypotheticals but needless to say it did happen. Almost two weeks ago I was hit in the face at the end of school by the 18 year old. He since has been kicked out of school and was arraigned on Friday with simple assualt, criminal mischeif and harrassment. I now come seeking further advice.

    I was informed that it is difficult to win a conviction of assualt on the offender with no lasting injuries. No bones were broken and I have no residual damages. They suggested to me about allowing the offender to plea bargin (I was told they consult me) down to just the harassment and crimnal mischeif charges, resulting in a fine and probation most likely, though not definately. I was told that because of the assalients prior offenseshe could face a few months in prison. Not only that but the other guy has what I was told as "extreme rage and hostility" towards me and is out to get me. He was released on suspended bail with conditions that he have no contact and does not come within 10 feet of me or any witnesses to his attack of me. I'm not really sure what would be the best coarse of action, any suggestion would be appreciated.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Plea bargain for Assault

    You mean, you aren't sure if you want to consent to the proposed plea bargain?

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