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If a 19 year old is sueing a 17 year old for physical assault can the minor get off with self defense?
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.
What else can I help you with?
In a assault charge against an adult on a 17 year old girl concidered an assault on a minor?
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.
Can a minor be arrested for spitting on another minor?
Yes. A minor can be arrested for groping another minor.
What would be the charge for an adult who assaults a minor?
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.
What can you do about false simple assault on a minor charges brought against you?
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.
Is assault a crime?
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.
What is the meaning for minor assault?
Minor assault typically refers to a low-level offense involving the intentional infliction of harm or the threat of harm to another person. It often includes actions that cause slight physical injury or create a reasonable fear of injury, without the use of a weapon or serious bodily harm. The legal consequences for minor assault are generally less severe than for more serious assault charges, often resulting in fines, community service, or short-term imprisonment. Definitions and penalties can vary by jurisdiction.
Assault on a minor can you be jailed?
Yes, it is possible you can be.
Is assault a heinous crime?
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.
How many days does a minor have to press charges against another minor for beating him up?
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.
Is throwing an object by a minor at another minor and hitting them considered assault?
No. Throwing an object an hitting another person is battery. Throwing it and missing them would be considered assault.
What does 4 degree assault 2 counts mean?
"4 degree assault 2 counts" typically refers to a legal charge of fourth-degree assault, where an individual faces two separate counts of this offense. Fourth-degree assault generally involves causing physical harm to another person, but it may not involve serious injury. The specifics can vary by jurisdiction, but it often includes actions like minor physical altercations or threats. Facing two counts means the individual is being charged with two separate incidents or acts of assault.
What trouble can a minor get in if he hits an adult And the minor is 17?
He will probably be charged as an adult and face trial for assault and battery.
