Criminal Defense Q&A: I’m 18. What’ll Happen to Me If I Fight Someone at School Who’s Still a Minor?
Question:
What would happen if an 18-year-old fights a minor because the minor is harassing a female? I go to high school, and I’m 18. A friend of mine that is a girl keeps saying that a boy keeps harassing her, and she doesn’t like it. If I were to step in and get in a fight with him, a minor, what would happen (I’m not saying I’m going to fight him, but in case he gets rough with me). She’s also afraid of speaking up since this isn’t the first time this has happened to her, and it’s not easy for her. I’ve told her many times to speak up but she refuses to.
Answer:
If police were dispatched to a fight at a high school, one of several things could happen: (1) neither combatant is arrested because there isn’t enough evidence (for instance, no eyewitness accounts of the incident or statements from the participants in the fight); (2) both combatants are arrested; or (3) one combatant is determined to be the aggressor and only that person is arrested.
Fights rarely play out in the way that we would like them to. They’re not like the choreographed and consistently-practiced fight scenes in the movies. If you were to get into a fight with your teenage classmate and were arrested, you could be charged as an adult for misdemeanor battery (Penal Code 242), misdemeanor battery on school grounds (Penal Code 243.6), and, arguably, corporal injury on a child (Penal Code 273d), which can be charged as either a felony or a misdemeanor.
It is true that the defense of self-defense can exonerate you; however, you cannot guarantee that there will be any witnesses around if a fight were to occur. And, even if there are witnesses to the incident, you cannot assume that they will have perceived you to have been acting in self-defense.
Though defending your friend’s honor may make you may feel vindicated, the price for that act of chivalry–a criminal conviction–can have a long-lasting impact. In particular, it can make it very difficult for you to get a job. In fact, a criminal conviction can even make getting into college more challenging. Employers and school admissions officers are understandably reluctant to welcome in those with criminal convictions, especially those convicted of charges involving violence and aggression.
Ultimately, the better play would be to report the harassing behavior to a teacher, counselor, or other appropriate administrator. Doing so addresses the problem and doesn’t put you at risk of a criminal conviction.
See other criminal defense attorney answers at Avvo: I’m 18. What’ll Happen to Me If I Fight Someone at School Who’s Still a Minor?
Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
