Charlotte, NC asked in Criminal Law for South Carolina

Q: Can my child be charged with disruption of the school for accidentally activating mace that another student brought

My child got up from his desk (which he prob shouldn't have) to ask another student a question. He put his hands on her desk accidentally activating her keychain mace. He got 3 days and a charge she got nothing and was handed back the mace to keep in her car, also on school property. I know he didn't intend to set it off because as a younger child he sprayed himself with his sister's thinking it was air freshener so he knows what it is and how bad it hurts

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1 Lawyer Answer
Allison Brandt Blackwelder
Allison Brandt Blackwelder
  • Criminal Law Lawyer
  • Greenville, SC
  • Licensed in South Carolina

A: Short answer: Yes, but your son should contact a criminal defense attorney as soon as possible to see if you can fight the charge.

An experienced attorney would explain that the outcome of your son's case is going to depend on what the evidence shows. In other words, we need to know more about what "other versions" of this story were explained to the school authorities and law enforcement. This is true, even if the "other versions" are false.

I wish you the best of luck and urge you to contact an attorney as soon as possible to avoid criminal and administrative (school records, etc.) penalties.

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