What to do in this case what can happen with mesdemeanor assault also have a sexual battery charge that didnt go to court

Asked about 4 years ago - Oakland, CA

my son was charge with school expulsion ed code 48900 and ed code 48915 ,243.6 pc battery on school employee. teacher stating after giving him many chances and warnings about using his ipod this time she ask him for it he refused and argued and walked away as he was walking she said stop and he gave it to her and she stated he grabbed her arm to get it back now she have bruises she told him he was accosting her and he let go she called security and he was expelled actually he was a expulsion/make it short teacher stated student grabbed monitors arm and squeezed her hand in an attempt to get his ipod back from her .monitor told student he was accosting her

Additional information

can a california attorney answer the question. maybe laws are different in another state.thanks

Attorney answers (2)

  1. Lynn Norton-Ramirez

    Contributor Level 10

    Answered . You need a juvenile attorney/Public Defender to assist. A psychologist's report may be instrumental is getting a diversion which can lead to a dismissal

  2. John M. Kaman


    Contributor Level 20

    Answered . Laws are different in other states and Ms. Norton is not licensed to practice law in this state.

    The Education Code sections you mention specify the reason for an expulsion from school. Your sons actions fall well with the parameters of either statute.

    PC 243.6 is battery against a school employee and can be a serious charge if there was physical injury. A battery is simply an offensive touching. The bruising may or may not be seen as a serious injury.

    As the consequences facing your son are serious you should retain a CA attorney specializing in criminal law with some knowledge of the Education Code.

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