My 13 year old charged with Battery-T 784.03 (1A1) M/I

This is a discussion on My 13 year old charged with Battery-T 784.03 (1A1) M/I within the Criminal Law & Criminal Procedure forums, part of the Legal Questions & Answers Forum category; We were served with court papers for a hearing on petition fo r injunction for protection against repeat violence today. My son was involved in a incidehent with a child ...

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  1. #1
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    My 13 year old charged with Battery-T 784.03 (1A1) M/I

    We were served with court papers for a hearing on petition fo r injunction for protection against repeat violence today. My son was involved in a incidehent with a child after school with two other boys, where he held another k id and his friend who had an issue with the kid punched the child. Realizing his involvement was wrong my son went to the child's house to apologize to his parents and the child. By that time the police was contacted. I have since then met with the boys father who agreed, things went definitely out of control but he felt my son's a good kid and was going to drop the charges. My son's held the child in a choke hold, which makes his offense more serious than the others. He was charged with battery -touch or strike 784.03 (1A1) M/I he is schedule to go to court on hwe were served today. He has never been in trouble before. He has been in the special needs class for the most of his life, and has been integrated with the student population since he started middle school. I am not making excuses for him but he has been trying so hard to fit in, but realized that day this was not the way.


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    I suggest you get him an attorney. He actively participating in a gang type attack.

  3. #3
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    Do you have a specific question? Ultimately it is not up to the child's father at this point whether or not to press charges, it is up to the district attorney and he has decided to do so. It is also up to him to decide whether or not to drop those charges. I recommend consulting with a criminal law attorney.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

  4. #4
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    Absolutely check with a criminal attorney. You might discuss the following with your attorney....In many if not most jurisdictions, there is a rebuttable presumption that a child between the age of 12 and 14 years has the requisite intent (capacity) to commit a crime.


 

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