Assault if they asked you to shove them?

[netnet]

What is the name of your state? Tennessee; I have a 15 year old that was a witness to a school fight. One of the people in the fight did not want to throw the first punch and asked my 15 year old to shove them into the other person to get the fight started. I'm not saying that it was right for my 15 year old to shove them, but now my child is facing assault charges and going to court. She also received the same punishment that the 2 who really fought got. My daughter was brought in and interviewed by the Principal who made her sign a written statement without her Miranda rights. She told him the truth. Then I was brought in while a Sheriff's deputy read her the Miranda rights and asked her questions. We did not have an attorney present, so I told her what she could and couldn't answer. The fight was video taped on a phone. You can hear the girl ask my daughter to shove her into the other girl. You cannot see but just the side of my child's face and cannot identify her if you didn't already know it was her. Do I need to hire her a lawyer? She has never been in trouble with the law before?

 

[CdwJava]

If she is charged with a crime, then you should consider hiring an attorney. It might be worthwhile to consult on even before she is charged ... just in case. A decent attorney might be able to intervene before it gets to a courtroom and keep it in the informal arena if possible.

However, she will likely face suspension or expulsion from school for her part, but that's much better than doing time in juvenile hall.

- Carl

 

[CraigFL]

I'm not sure why anyone would think it's not assault to use another person as a weapon instead of just a brick or something...

 

[Just Blue]

I'm not sure why anyone would think it's not assault to use another person as a weapon instead of just a brick or something...

Yeah...I am trying to figure out why OP think the principal was required to Mirandize her daughter before talking to her....

 

[netnet]

Thanks for your input. The principal did suspend her, she is allowed to only go in and do her final exams this last week. I do believe she should be punished, but she did not actually fight like the other two girls did. I know that doesn't excuse her from becoming involved. What really concerns me, is the principal took a signed statement from her before bringing in the Sheriff's deputy. I believe that they should have called me in before they talked to her. I knew she would be suspended, but never thought she would be charged with assault. They say that she will have probation for 6 months and that it will be brought up again if she should get into any more trouble and then she will be sent through Juvenille Hall. This school has fights on a daily basis and they keep a whole crew of the Sheriff's department there. I would like to switch her to another school but am afraid that this will follow her.

 

[Hot Topic]

Your daughter was an accessory. She was asked to push one person into another to start a fight, and she went along with it instead of refusing and leaving the scene. But for her action, the fight might not have started. She's getting what she deserves for trying to be "popular" or whatever motivated her actions.

Instead of trying to blame the school or the principal, you need to figure out what's going on with your daughter's thinking processes.

 

[CdwJava]

I do believe she should be punished, but she did not actually fight like the other two girls did.

But, she conspired to assist in the fight ... in your state that might make her a principal in the crime. At the very least she is an accessory in some way. In my state conspiracy to commit a crime can be charged as a felony .. she's lucky she is not in a state where this is the case.

What really concerns me, is the principal took a signed statement from her before bringing in the Sheriff's deputy. I believe that they should have called me in before they talked to her.

Unless your state law specifically requires this, the action was entirely within the law. The school may conduct its administrative investigation prior to contacting law enforcement should they choose.

I would like to switch her to another school but am afraid that this will follow her.

Yes, that school record would follow her. But, if she would be safer and have the potential to develop a better class of friends at another school, then you might want to do it.

- Carl

 

[Ohiogal]

Your daughter committed assault -- well battery. She assaulted the girl that was hit by the person your daughter pushed. That is a crime. And the principal did not have to Mirandize your daughter. And the police did. So there was not an issue there.

 

[Ohiogal]

When she's 18 she will be able to get it off her record.

WHAT???? Please quote statute that states she WILL be able to get it off her record. Applicable statute to this OP's state? Also refer to what legally you are takling about -- I will even give you a few choices -- expungement, record sealing, ... is it the charges or the convictions? Was she charged with a felony or misdemeanor? What type of each? Come on -- tell us.

Of what will she be convicted? How will she get it off her record? Now sit back and be quiet.

 

[Hot Topic]

Notice the post, Ohiogal, from the individual who claims that the teen will be able to get the assault off her record when she's 18 in response to the one about the "nice kid" who shoplifted. Watch those "red flags," but it'll be okay when he turns 18.

 

[Ohiogal]

Notice the post, Ohiogal, from the individual who claims that the teen will be able to get the assault off her record when she's 18 in response to the one about the "nice kid" who shoplifted. Watch those "red flags," but it'll be okay when he turns 18.

Good grief. Sareena needs an education. Big time. And Hot Topic I love what you sell. I also like the Torrid website.

 

[Hot Topic]

You love what I "sell?" What "Torrid website????"

Good grief, Charlie Brown! Of whom is she speaking?