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A girl assaulted my son. her mother said that he has been calling names to her . have i the right to have her charged.

they have been tit for tat. but because my son wont hit any one , the girl pushes him and them punched him in the face. her mother came round and said he calls her this and that. i said well he has to stick up for hisself. but to lash out at him knowing he wont do any thing , to me is wrong. do i have her charged for assault as her mother says she will have him for slander.

England, AR -

Attorney Answers (1)

Ronald S. Pichlik

Ronald S. Pichlik

Criminal Defense Attorney - Battle Creek, MI
Answered

Normally, one cannot assault someone just because they are called names. In practical terms, however, there are some words that are so inflammatory that a jury might feel that someone's violent reaction to the use of a particular word or name though not legally justified would permit the jury in their own minds return a verdict of not guilty. You should contact the police and file a criminal complaint for assault and battery against your son. He will of course have to cooperate with the police and prosecutor. There is no crime of "slander" that the girls mother could have your son charged with to my knowledge. She could certainly try to hire an attorney and sue your son for slander, however, that is going to cost her and/or any attorney she would hire money, alot of money, and there is not much prospect of winning or, from the attorney's point of view, collecting from your son.

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