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What happens when an 18 year old is charged with simple assault on a 12 year old? Could he also be charged with child cruelty?

Fort Stewart, GA |

An 18 year old pushed my 12 year old son to the ground and threaten to beat him up if he got up. He (18 year old) was trying to find someone to fight him in a group of boys who were ages 12-14 years old

Attorney Answers 4

Posted

It is probably charged as assault or bullying, but that will be up to the prosecutor and it is hard to guess from here.

This response does not create an attorney client relationship and is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case. I am licensed to practice in Minnesota, not every state. You should always consult with an attorney licensed in your area on how best to proceed.

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Posted

I don't practice in GA, but in my state, KY, the 18 year old adult would he charged with Assault IV, a class A misdemeanor carrying up to 12 months in jail, a max. fine of $500.00, plus court costa of approx. $135.00. He could also be charged with Terroristic Threating, another class A misdemeanor. Depending on all the facts, if it is the 18 year olds first offense, he will probably receive a probated jail sentence in adult court. Maybe counseling. If he has a prior record, more serious consequences.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Posted

A simple assault charge in Georgia is a misdemeanor. If the 18 year old has no prior encounters with the police, he will likely be offered pre-trial diversion, where he would probably have to do anger management classes, community service, and pay court costs and the charge would be dismissed.

Under the facts that you've given, a felony cruelty to children charge is highly unlikely and the misdemeanor charge is not applicable to this situation.

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Posted

It's possible a prosecutor might do that. But anyone here would be guessing. The prosecutor is the only person who can tell you what he plans to do in the case.

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