13 yr old charged with battery

What is the name of your state?georgia

short version:
my son was sent threatening instant messages on computer by 14 yr old. threatening to kick son's a** at skating rink. son went to rink to hang out with friends. 14 yr old still running mouth. son's friend threw first punch, son then hit 14 yr old above eye cutting it open . My son charged with battery because he left marks on 14 yr old.

My son is and always has been honor student in accelerated classes. Wins teachers awards since kindergarten never in trouble felt he needed to defend himself from 14 yr old. What do I do next??

ellerjello said:

What is the name of your state?georgia

short version:
my son was sent threatening instant messages on computer by 14 yr old. threatening to kick son's a** at skating rink. son went to rink to hang out with friends. 14 yr old still running mouth. son's friend threw first punch, son then hit 14 yr old above eye cutting it open . My son charged with battery because he left marks on 14 yr old.

My son is and always has been honor student in accelerated classes. Wins teachers awards since kindergarten never in trouble felt he needed to defend himself from 14 yr old. What do I do next??

Click to expand...

My response:

What was your son "defending himself from" -- a "running mouth"?

Mere words do not rise to the level of requiring "battery" upon another. Your son wasn't "defending himself".

So, what do you do next? Well, hire an attorney for both the criminal charges and the potential, future, and most probable, civil action against you and your son for his malicious acts.

Can you say "Punitive Damages"?

IAAL

ellerjello said:

What is the name of your state?georgia

short version:
my son was sent threatening instant messages on computer by 14 yr old. threatening to kick son's a** at skating rink. son went to rink to hang out with friends. .....
My son is and always has been honor student in accelerated classes. Wins teachers awards since kindergarten never in trouble felt he needed to defend himself from 14 yr old.

Click to expand...

In addition to what IAAL said.

If your son was sent a threatening IM why in the world did go to the very place the act of violence was to take place without informing you and/or the police?

Why did/didn't he tell you about the threat?

Why didn't he tell you where/why he was going to fight?

Why did you do nothing?

If you can't answer these questions, you also have problems.

Don't try to give us the innocent never in trouble youth spin, if he is hang'n with gangs he and getting in the best punch there is a lot more than you know going on, so better you find out now and take this seriously.

Why did he go there and hang out with a gang if he didn't intend to respond with an act of violence? Even hanging out with a gang is a form of intimidation or violence.

What have you as a parent done to teach your child responsible behavior rather than making excuses for them, before and after this?

FYI folks, My son was not defending himself from a running mouth but a very real physical threat. And it was not until that night that we knew who it really was sending the messages. And who said he was hanging out with gangs. He was with his 8th grade friends at the local skating rink. How would you react to some stranger saying he was going to kick your son's a**? We did call the police but there was nothing they could do since the threats were over the internet, we were told that there was no way to prove who really sent them.I even called AOL and they said I would have to contact their legal dept. which I am waiting on a reply from them. to see if there is anything they could do. we saved the instant messages from the beginning of this situation, just in case. The police showed up there two Fridays in a row just in case and nothing, (we had made the decision not to let our son go those 2 days.)there was a time span of three weeks from the date the messages were sent. My son wanted to go and be with his friends. Am I supposed to keep him away from the skating rink forever. As far as we knew that was the end of it. My son does need to be punished to some degree. However, will the other boy who made the physical threats be held accountable for his part in this? i am very active in the lives of my children (all boys). I teach my children to be respectful of others, and the laws, however I also encourage my sons to stand up for themselves because in the end no one else will except for their parents.

Legally, there's a huge difference between talking smack (in person or in writing) and actually physically assaulting someone. Fighting back when someone hits you is defending yourself; punching someone for their words is assaulting them.

Well you have answered some of the questions.
All you need for AOL to give you the address of the sender of the threats is a request from the police department, they determine if it is a valid threat and they contact AOL.

You can also contact the FBI they investigate internet crime.

You and your son still took the law into your/his own hands and you knowingly allowed him to go to the very place you knew he would find trouble. Obviously, with your blessing since you say he should protect himeslf. Obviously if he got charged with battery after the police were notified of the threats and went there for 2 Fridays, there is more to this than him defending himself. Where you there supervising him when this happened? YOU are also responsible for what happened.

I also raised boys, so I know what happens.