Legal question

[rhymegirl]

Is there anyone on AW who can answer a legal question for me?

In my novel, I made one of the characters get arrested for punching someone, and I want to make sure this would really happen. Or would the person not get arrested unless the case went to court first????

[maestrowork]

Ask Liam. He's in law enforcement.

[pconsidine]

I'm not a lawyer (or a police officer), but yes a person who punched someone else could likely be arrested for assault and battery.

Typically, an arrest comes before a court case in most instances.

[Sukee]

I'm a lawyer, and I prosecuted for 10 years. My answer probably gives you too much info. In most jurisdictions, the person would get arrested. But it depends on a couple of things: the strength of the case -- the officer needs probable cause to arrest, such as witnesses or an admission by the offender; jail space -- hitting someone is usually a misdemeanor and many jails don't have space to house 'low level' criminals for any length of time; the criminal history of the offender -- if he's a first-timer he'd probably just get cited into court. There are more variables, but in general you're pretty safe if you have someone arrested for 'hitting' so long as you make it a clear call for the police officers. But in most jurisdictions, they probably won't be held in jail for very long -- maybe just until the arraignment.

[rhymegirl]

I'm not a lawyer (or a police officer), but yes a person who punched someone else could likely be arrested for assault and battery.

Typically, an arrest comes before a court case in most instances.

Now see, this is what I thought. If someone tells the police that there has been an assault, I thought the perpetrator can get arrested, then there's a trial to see if the person is found guilty or not. Or at least, it goes before a judge to see his/her ruling.

[rhymegirl]

I'm a lawyer, and I prosecuted for 10 years. My answer probably gives you too much info. In most jurisdictions, the person would get arrested. But it depends on a couple of things: the strength of the case -- the officer needs probable cause to arrest, such as witnesses or an admission by the offender; jail space -- hitting someone is usually a misdemeanor and many jails don't have space to house 'low level' criminals for any length of time; the criminal history of the offender -- if he's a first-timer he'd probably just get cited into court. There are more variables, but in general you're pretty safe if you have someone arrested for 'hitting' so long as you make it a clear call for the police officers. But in most jurisdictions, they probably won't be held in jail for very long -- maybe just until the arraignment.

This is very good info. I don't know if it matters or not, but in my novel it's a teacher who has punched a student. I try to make things complicated; one person's word against another's. The student has big shot parents who really want the teacher arrested and also want to sue him.

Of course, the teacher punched the kid because he was assaulting a female student. But the kid tells a different story. Lots of complications.

[Sukee]

Oh yes, an adult punching a child (especially an adult in a position of trust and authority) is a great aggravating factor that would make an arrest much more likely -- also the fact that the parents are 'big shots'. Child abuse statutes may come into play. Just make sure there is enough info tipping the scales in the victim's favor to make the arrest credible. Perhaps your teacher will decide not to talk to the police until he meets with his attorney...

Depending on your jurisdiction, you may want to do a quick internet search on your State Criminal Code to see what you have available.

[rhymegirl]

Thanks!

That's a good idea about checking "state criminal code", but actually in my novel, I kept it very vague as to what state it is. I only tell the name of the town and that really could be anywhere.

Back when I started this novel, I did go talk to the principal at one of our local schools. He told me that the teacher would be suspended until the trial determined the outcome.

[Nicholas S.H.J.M Woodhouse]

i can't comment on any US law but in my old secondary school in Hull a teacher was suspended and questioned by police simply because he had been accused by a pupil of violence.

[pconsidine]

Given those circumstances, I'd have to say that an arrest is much more likely than if it were me and some guy on the street. MUCH more likely.

Edited to add: That's from the perspective of someone who's done time teaching.

[Jamesaritchie]

Is there anyone on AW who can answer a legal question for me?

In my novel, I made one of the characters get arrested for punching someone, and I want to make sure this would really happen. Or would the person not get arrested unless the case went to court first????

That's a really complicated question. But the answer is if the person swings first, yes, he goes to jail. Hitting someone is a crime everywhere. If it weren't, you'd see fist fights constantly.

In most of the states I've live, however, assualt means threatening violence. If you carry through and hit someone, that's assault with battery. The person who has been hit, however, does have to press charges. The police will ask them, and if they say yes, the person goes to jail. If they say no, he doesn't. There's also assualt with intent to commit bodily harm, which where I live basically means you swing but miss. There's also aggravated assault, which means you used a weapon. There's also assault with battery CAUSING grave bodily harm, which means you really messed the guy up and caused severe, possibly life-threatenng injuries.

Not only will a person go to jail for punching someone, he will also likely find himself in civil court. He'll be sued for damages. Depending on the state, civil courts only handle cases where damagaes are from $1,500-$5,000. If that punch breaks the person's jaw, and the medical bills are under whatever the maximum is in that state's civil court, then once the criminal case is over, the civil case takes over. If damages are above the state civil limit, the person can be sued in Superior court, and pain and siffering is added in, sometimes bring the suit into the millions.

Exceptions to the victim presing charges are in domestic violence. In most states the victim now doesn;t have to press charges, and if there's any evidence at all, such as a fresh bruise or cut, the police are required by law to make an arrest. This came about because of wives getting beaten by their husbands, but refusing to press charges.

A simple punch is usually a misdemeanor, so no jail time is served except for the brief wait to arrange a small bail, unless it causes grave harm. Most such cases never actually go to court because charges in such cases are frequently dropped. A punch can kill, it can disable, it can cripple, it can blind. This raises the level of both criminal and civil action in every state.

If a heated argument is going on, and no serious bobily harm has been done, police are likely to either tell both people to go home, or arrest both parties for disorderly conduct.

But it's always against the law to hit someone, unless it's done in self-defense, or in defense of others. And even this can be tricky. Most states expect you to walk away from a potential fight, not stand there are argue until the situation gets out of hand.

And, rightly or wrongly, a lot depends on just who gets hit, and who does the hitting.

[maestrowork]

In the case that a teacher hits a student, it almost doesn't matter who started it first. The adult/teacher will highly likely be arrested. Now, if a student hits a teacher, it's iffy -- it depends if the police is called, and even when they are, it's not usually that cut and dry (arresting a minor, for example)... that's what I think anyway.

[rhymegirl]

That's a really complicated question. But the answer is if the person swings first, yes, he goes to jail. Hitting someone is a crime everywhere. If it weren't, you'd see fist fights constantly.

If a heated argument is going on, and no serious bodily harm has been done, police are likely to either tell both people to go home, or arrest both parties for disorderly conduct.

But it's always against the law to hit someone, unless it's done in self-defense, or in defense of others. And even this can be tricky. Most states expect you to walk away from a potential fight, not stand there are argue until the situation gets out of hand.

And, rightly or wrongly, a lot depends on just who gets hit, and who does the hitting.


Now you see why I really needed legal help with this dilemma. I think it's a very complicated situation.

I realize that a teacher punching a student (and minor) is a serious thing. But it's the circumstances that matter. He is coming to the defense of a teenage girl who is being attacked by the boy. He does try to resolve the situation verbally. But the kid won't listen. I have the kid throw the first punch. The teacher is being choked by the kid so he has to do what he can to defend himself. It just happens that the boy hits his head on the floor when he goes down and has to go to the hospital and has injuries.

[pconsidine]

You could still make it work. A few thoughts: there are no witnesses to corroborate his version of events. Or he's arrested by default because of an automatic provision in the school's policy. Or the kid doesn't throw the first punch at the teacher, but goes back for the girl, so the teacher has no choice but to strike first.

Some of how you handle this depends on whose story it is (teacher's or student's), what point in the story this appears (where in the character's development it appears), what the consequences of the fight are that you're trying to address in your story, etc.

If you know where you want to go, it should help you decide how to address the problem.

[Aconite]

You could still make it work. A few thoughts: there are no witnesses to corroborate his version of events.
You'd need to account for why the young lady isn't a witness.

[l.stormgaye]

I'm sure your question has been asnwered by now, but here is a link that you may find resourceful in your search for this question answered as well as any other that may arise as your novel develops.

http://www.leolinks.com/
Best wishes.

Is there anyone on AW who can answer a legal question for me?

In my novel, I made one of the characters get arrested for punching someone, and I want to make sure this would really happen. Or would the person not get arrested unless the case went to court first????

[pconsidine]

You'd need to account for why the young lady isn't a witness.
She was unconcious?

She was considered a biased witness and her account disregarded?

First one's probably an easier sell.

[Aconite]

She was unconcious?

She was considered a biased witness and her account disregarded?

First one's probably an easier sell.
Anything you can make fly will work, but something has to be there or it leaves a big hole in the plot.

[pconsidine]

Then thank goodness it's not my story. I can just throw out absurd ideas like Mardi Gras beads and hang the consequences! ;)

[Aconite]

Then thank goodness it's not my story. I can just throw out absurd ideas like Mardi Gras beads and hang the consequences! ;)
And that's such a nice feeling, isn't it? No pressure, no anxiety. We leave it all up to rhymegirl. Mmmmmmmmmm. Nice.

[pconsidine]

Actually, I enjoy being on the receiving end just as much. It's often much easier to take something and play with it than it is to create something out of whole cloth.

We're all winners here!

[Maryn]

Then thank goodness it's not my story. I can just throw out absurd ideas like Mardi Gras beads and hang the consequences! ;) Oh, did Rhymegirl lift up her shirt? A lot of the guys are going to be sorry they missed it!

Maryn, who knows her Mardi Gras

[pconsidine]

That's what makes writing groups so much fun.

[rhymegirl]

The novel is all finished. Hopefully, I got all the legal stuff right. (It helps to watch Law and Order.)

I wrote this novel about 3 or 4 years ago. I had been going over it, making some changes, checking on a few things.

Thanks to everyone here for your help and suggestions!