Q: Can a juvenile be charged with assault with great bodily injury if the hold they used is not considered illegal?
Students were bear hugging and wrestling around with each other. One of the students jumped up on the back of another while crossing his arms around the other students neck. The kid tapped out so the other student jumped off his back and ran off. The other student chased after him grabbing him in what is called a sleeper hold but quickly released him. The kid had passed out and fell face first to the ground. By the reaction of the other kid it is clear that he did not intend to hurt him, nor did he seem to know what caused the kid to pass out. The boys involved were friends and they were not fighting. However the juvenile courts want to charge the other boy with felony assault with great bodily injury. To add the enhancement of great bodily injury doesnt there have to be an illegal act first? Putting someone in a 'choke hold' is illegal because it cuts off the air supply. Sleeper hold is NOT CONSIDERED ILLEGAL. Please advise with best defense answer. This kid and family need help.
A: This is an issue that should be discussed privately with an attorney. Assault and battery charges don't make exceptions for particular types of wrestling moves. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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