Q: 12yo being assaulted at school, parent was told can’t press charges due to being on school grounds. Is this true?
He has been assaulted 2x. 1st time prosecutor dropped the case. Today was 2nd and officer told us they can’t press charges due to being on school grounds. In first incident the child had been officially reported to school for bullying prior but no physical contact was had. Today I was told there had to be assault in the terms of medical attention needed. If there were not stitches, broken bones, concussion, etc then no they could not press charges. The child was not even talked to by police after assisting my son
A:
Someone is giving you bad information. Intentionally or knowingly causing offensive physical contact is a class C assault. Physical contact that causes pain is class A assault. An imminent threat to cause pain is a class C assault. Anything causing pain meets the minimum threshold for "injury" under Texas criminal law, even if it doesn't leave a mark.
It might be against the POLICY of the organization or the local law enforcement agency not to take action on an assault that doesn't require medical attention, but the Texas assault law absolutely does not require that level of injury.
This is the type of issue that requires knowledge of local politics so you should consult with an attorney that has an office in your local community.
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