My son got into a fight at school and the other kid filed charges on him. He was arrested for assault causes bodily injury. The kid just had a busted lip.. Could he be charged with a felony?
Normally Assault Bodily Injury is a Class misdemeanor not a felony, assuming that your son must be 17 years old. If your son is under the age of 17, hew would be charged with Delinquent Conduct in Juvenile Court. A split lip is bodily injury. You should consult with a good criminal defense attorney.
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As a former prosecutor, I can tell you it depends upon how bad the injury looks, and what the victim says. Use Avvo to find criminal defense attorneys in and around Decatur and retain the one you are most comfortable with.
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Just to clarify, the family of the other kid reported the incident to the police who took a report and discussed it with the prosecutor who accepted charges.
A busted lip is not a felony. Assault causing bodily injury (which means pain) is a class A misdemeanor. If he is under 17, it will be prosecuted in juvenile court. 17 and older means a trip to adult court.
He needs a good lawyer to keep try to limit the damage to his record, especially if he is not a juvenile.