My son, 14 years, was harrassed by a teen and my son got up and grabbed his neck and handlocked his head, will he be charged?

Asked about 3 years ago - Mercer Island, WA

He has been harrassed by the boy since high school started last year; how can he avoid to go to jail? Can I refuse school give him "risk assessment"? Can I just transfer my son to another school?

Attorney answers (3)

  1. Craig Arthur Peterson

    Contributor Level 9

    Answered . Your son could be charged with assault for grabbing someone in a headlock and handlocking their head. Often police refer charges to prosecutors without a full investigation as to what caused an assault and whether the person charged has a defense to the charge such as self defense. Assuming that your son does not have a record, jail is very unlikely. I suggest speaking with an experienced criminal defense attorney to discuss your sons options.

    Craig Peterson

  2. Matthew A Leyba

    Pro

    Contributor Level 11

    Answered . As the other attorney stated your son could be charged with an assault for merely reacting to this bully and grabbing his neck. I highly doubt this would result in jail or even a conviction for that matter.

  3. Jeremy Scott Bartels

    Contributor Level 9

    Answered . Before allowing or refusing to allow the school to conduct a "risk assessment" on your son, it is important to discuss the ramifications of your son's statements with an attorney. Most of the time, a defendant in a criminal action can count on anything he says to another person being used against him. There are, of course, several exceptions to this rule, such as statements to his attorney. Whether or not similar protection applies to information given to the school as part of a risk assessment (unlikely) is something an experienced defense attorney can answer with more certainty. If the assessment is something that may be used against him, it may be a good idea to disallow it. On the other hand, transferring schools and disrupting your son's life may be avoidable depending on the circumstances of the assessment or its outcome.

    The bottom line is that an attorney could help you with this decision, which should not be made lightly.

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