What constitutes assault/battery charges? Can a minor to charge another minor w/either/both charges?

Asked over 4 years ago - Centreville, VA

This happened at my son's school. It sounds foolish but my son's former friend got another friend to join him and they started saying mean/hurtful things to my son and then started pelting him w/snowballs. How far do they have to go before we can charge them with something?

Attorney answers (1)

  1. Brian Daniel Geno

    Contributor Level 14

    Answered . Answered 03/08/2010: Assault is the offense of putting someone in fear of harmful and/or offensive touching. Battery is the intentional harmful or offensive touching. You already have both assault and battery. If you want to sue civilly get an attorney. If you want to have them charged criminally, either call the police or go swear out a warrant at the Magistrate's office. Hopefully, they do not have the defense of "self defense" against your son. Good luck with this

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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