Q: If a 22 year old gets in a altercation with a 17 yrs old days before her 18th bday can she be charged in court
The 17 year old threw the first punch and assulted the 22 year old.
A: Any offensive contact can be considered an assault. The degree of the assault generally depends on the damage inflicted.
Kiele Linroth Pace agrees with this answer
A:
Either of them could be CHARGED with assault. If charged, the 22 year-old may have a self defense justification, subject to the conditions of Chapter 9 of the Texas Penal Code.
Frankly, and of us could be CHARGED with assaulting the Tooth Fairy or the Easter Bunny.... but to be CONVICTED you would either have to enter a plea of guilty or no contest, or the prosecution would have to PROVE your guilt beyond a reasonable doubt to a jury.
If you are asking if the 22 year-old could be charged with a felony for "Injury to a Child" then the answer is no... the 17 year-old is too old for that.
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