Can a 12 year old be charged with assault for a fist fight in school

Asked over 4 years ago - Cleveland, OH

My 12 year old was in a fight with a boy who was picking on him and the mother of the other boy who is constantly getting in trouble pressed charges against him. but it was just a kid fight.

Attorney answers (2)

  1. Ronald S. Pichlik

    Contributor Level 18

    Answered . Yes, a 12 year old can be charged with assault. Cases like these are handled in juvenile court. If your son assaulted another boy who was simply calling him names, (picking on), he is probably guilty of assault; words, generally, are not legally sufficient provocation to justify an assault. However, if by "picking on" you mean the other boy was physically contacting your son, than your son may have acted in self-defense.

  2. Paul Michael Kocsis

    Contributor Level 15

    Answered . Unfortunately, what was just a kid fight when we were kids no longer exists today in the time of zero tolerance and school shootings. If your son has some defense as to why he got into the fight, it is likely an attorney can use this to get the charges reduced.

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