Q: When a child is assaulted does the cops HAVE to prove maliciousness in order to prosecut the attacker?
My 13 yr old son was physically attacked by a Walmart employee, when the cop got there he said he sees what happened but it was not enough to prove the attackers maliciousness and advised me just to file a claim with Walmart. I wanted the employee charged because my son is a minor, he's considered disabled, he did nothing wrong(even per the cop) and the employee says she did it because she's afraid of blacks and were big a black so she attacked us.
A:
Maliciousness is not an element of an Assault case. All that is necessary is that you prove that a person knowingly caused or attempted to cause physical harm to another without the other person's consent. So, malice is not an element.
I hope that answers your questions. Without knowing additional facts I cannot ascertain whether you son was the victim of an Assault. However, I wish him the best.
Best wishes,
Patrick DiChiro
Dimitrios Makridis agrees with this answer
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
