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Charged with assault with bodily injury

Decatur, TX |

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?

Attorney Answers 3

  1. 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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  2. 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. | The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise.

  3. 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.