Can I press charges on a student if she hits my daughter during school hours? They re both in 8th grade.?
- linkus86Lv 76 months agoFavorite Answer
I think the other answerers are having an issue of semantics. They are misunderstanding your desire to make a police report as a desire to prosecute, when clearly those are two different things. Related, but still different things.
The answer is yes, you can report the assault to the police. After which they will investigate the report to see if a crime was in fact committed and if there is enough evidence for the District Attorney to prosecute.
- FunnelwebLv 76 months ago
I appreciate that you want to ask the police to charge the other school pupil. As others have said, you can only ask the police to do this. They can refuse to prosecute the assault, and saying I'm pressing charges" doesn't force them to go out and arrest the other girl. Of course you can complain to their superiors if they choose not to prosecute.
Schools are part of society under the rule of law; they aren't an isolated enclave where the school principal substitutes for the police force. There are many instances of violence in schools which should be treated as crimes rather than just disobedience to the school rules. However you need to think carefully before getting the police involved.
Firstly are you sure that you know the truth of the matter? How do you know that the other pupil wasn't hitting in self-defence against an attack initiated by your daughter? Many children are brought up to fear punishment by their parents. The cost of this is that children learn to lie rather than to incriminate themselves. If your daughter was the one to throw the first punch she may not tell you, but you could find this out to your cost if the police find this out and charge your daughter.
- Pearl LLv 76 months ago
i dont see why not, wish i had done it in middle school when kids would throw rocks at me after school and one landed near my eye and i had to get stiches, wish i had thought of pressing charges then
- Anonymous6 months ago
No you can't,only a prosecutiror can file criminal charges, and most likely it would be against the child's parents. It I am betting your little innocent had nothing to do with it. She crazy people now a days. Ridiculous
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- 6 months ago
There is no private criminal prosecution in the US. Anyone with knowledge of a potential crime can notify the police. The police will decide whether to investigate. Then the reports are sent to the DA who will decide whether to file the chargesl
- CliveLv 76 months ago
There is no such thing as pressing charges. When are people going to learn this?
If you are alleging something criminal has been committed, you tell the police. Who will possibly discover that your daughter started the argument so she is the one who should be charged, and now you could have a family feud with her parents if they take the view that their little darling can do no wrong. Think very carefully.
- Anonymous6 months ago
Bet your precious little child is not entirely an innocent in this is she?
- PearlLv 76 months ago
i dont see why not, wish i had done that when i was in middle school
- MaxiLv 76 months ago
You can't 'press changes' on anyone regardless of yours/their age unless you are the prosecutor
- megalomaniacLv 76 months ago
If you feel the need to press charges against an 8th grader something has seriously gone wrong. Maybe it has, but maybe there are better ways to deal with it. It always depends on the context.