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17 year old being charged with assault with bodily injury

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shjojoia

Junior Member
What is the name of your state (only U.S. law)? Texas
My son and some others were heating up a lighter and burning each other, playing around foolishly. He burned another young man on the neck. He was apprehended by the police, and later released into my custody. He was not asked to submit a statement. However, the police did advise me that the other parent was pressing assault/bodily injury charges. I don't know what to expect or what the punishment is for this. This was not done maliciously. My son is friends with the other student. He didn't mean to hurt him.
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? Texas
My son and some others were heating up a lighter and burning each other, playing around foolishly. He burned another young man on the neck. He was apprehended by the police, and later released into my custody. He was not asked to submit a statement. However, the police did advise me that the other parent was pressing assault/bodily injury charges. I don't know what to expect or what the punishment is for this. This was not done maliciously. My son is friends with the other student. He didn't mean to hurt him.
Your son should go to court with a lawyer.
 

MichaCA

Senior Member
How can you burn someone on the neck, and say it was not malicious? Yes, I'd say an attorney would be a good idea.
 

CavemanLawyer

Senior Member
If this was indeed just kids playing around and allowing each other to burn one another, then your son should have an absolute defense under section 22.06 unless this somehow caused "serious bodily injury" which I can't imagine is the case.

Your son will likely need an attorney anyway and he/she should know to raise this issue.


Sec. 22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if:

(1) the conduct did not threaten or inflict serious bodily injury;
 

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