Tobyhanna, PA asked in Education Law and Criminal Law for Pennsylvania

Q: My son was sucker punched in the head, and avoided 3 more hits. It was in school. Is this assault?

We are being told that this is harassment as they can't meet the burden of truth for assault.

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1 Lawyer Answer
Jennifer Price
Jennifer Price
Answered
  • Criminal Law Lawyer
  • Murrysville, PA
  • Licensed in Pennsylvania

A: Yes, this would be assault. Assault is when someone either attempts to cause or actually causes bodily injury. Sometimes, a person can be charged with assault and then the prosecutor will reduce the charge down to harassment but to answer your question, yes, this would be an assault. As far as the second part of your statement about the burden, if you mean they said they couldn't meet their burden of proof, I would assume that means there were no witnesses. In such a case, it becomes a he-said, he-said situation. The prosecutor may not have wanted to get into who was telling the truth about what really happened and, as such, chose to file harassment charges.

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