It is surprising that the 19 year old was able to find an attorney who would take a case against a 17 year old. When you sue someone, you sue for something, and most 17 year olds don't own enough to make it worthwhile.
So unless the 19 year old is merely threatening to sue, then the 19 year old is having to pay several thousand dollars out of pocket.
That said, the 17 year old may claim self-defense, assuming it was. A lot will depend on what the police report said. However, if the 17 year old was never arrested, charged or found guilty of assault, then there is little chance that the 19 year old will be able to win in civil court.
Without a criminal conviction of the 17 year old, it would be difficult to prove that the 17 year old had attacked at all.
But all that said, if you have actually received legal papers notifying you of the suit - rather than just his word that he intends to sue - then consult with an attorney. Or I should say, have your parents do so, as you are a minor.
Remember, when you speak to an attorney, do not lie to him. They can't help you if you do.
By her age she IS a minor - if that specific charge is an enhanced penalty offense in your state (i.e.- it is a greater offense to assault a minor than it is to assault an adult) then the assaulter COULD be charged with that offense.
Yes. A minor can be arrested for groping another minor.
If your defense is that they are false you will have to counter their charges and testimony. Remember, under our system of law, you don't have to prove that you are innocent, they have to prove that you are guilty.
It depends on the type of assault (Simple - Sexual - Battery - Weapon - etc) and the age of the minor. Assault is 'assault' no matter the age of the victim but it can be enhanced by additional charges of cruelty to a minor - or similar type charge.
There are many different kinds of assault. Spitting on someone is a kind of assault. Assault certainly can be a heinous crime if it is a severe kind of assault. If it is a minor assault, then the crime is not heinous.
Yes, it is possible you can be.
There are many different kinds of assault. Spitting on someone is a kind of assault. Assault certainly can be a heinous crime if it is a severe kind of assault. If it is a minor assault, then the crime is not heinous.
Physical assault likely has a 1 to 2 year statue. However, if you do not press charges within a few days, physical evidence will fade away and witnesses' memories fade too. The minor would not bring charges-- the parent(s) would.
No. Throwing an object an hitting another person is battery. Throwing it and missing them would be considered assault.
He will probably be charged as an adult and face trial for assault and battery.
10 days
YES