Full question:
My son was cited for battery on school property (spittin gum on another) and disrupting school activities. What are we looking at and should I retain an attorney?
- Category: Criminal
- Subcategory: Assault
- Date:
- State: California
Answer:
The incident may lead to both court proceedings and school disciplinary actions. Students have a right to education, and schools must follow due process before imposing significant penalties. For suspensions longer than five days, schools need to provide formal procedures, including notice and the opportunity to present evidence. The student's handbook should outline the rules and consequences clearly.
In general, school discipline is an administrative matter rather than a legal one. Courts typically review these cases to ensure that due process rights were respected, such as providing written notice of the charges, allowing the student to confront evidence, and informing them of the decision made.
However, students at private institutions do not have the same constitutional due process rights as those in public schools. Courts generally defer to private schools in their internal matters, requiring only that their procedures are fair and rational.
Regarding the battery charge, California law states that battery is defined as the unlawful use of force against another person (Cal. Penal Code § 242). If the battery occurs on school property, it can result in fines up to two thousand dollars or imprisonment for up to one year (Cal. Penal Code § 243.2). Additionally, the court may require counseling for minors involved in such incidents.
Given the potential legal consequences, it is advisable to consult with an attorney who can help navigate the situation effectively.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.