Carteret, NJ asked in Juvenile Law for New Jersey

Q: A 13 year old “jumped” a classmate. Victim ended up with a broken nose. If parent presses charges, what can happen?

Suspect attacked another student(middle schools students). Victim did not fight back as smaller in size. Victim ended up in the hospital with a broken nose. Will there be any repercussions if the mother presses charges? As seen normally juvenile cases get dismissed and left to the parents discretion. Can the school district expel the student?

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1 Lawyer Answer
Amber Forrester
Amber Forrester
  • Criminal Law Lawyer
  • Trenton, NJ
  • Licensed in New Jersey

A: While there are many diversionary options (resolutions that do not result in the juvenile being adjudicated delinquent) in juvenile court, it is not the case that juvenile cases normally get dismissed or left to the parents discretion when a formal police complaint has been filed. The possible consequences for a juvenile adjudicated delinquent of the offense you describe above (likely a 3rd degree aggravated assault) would depend upon whether that juvenile had any previous history in the juvenile court system, among other variables. The school district could also choose to take separate action unrelated to what happens on the law enforcement side.

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