Cleveland, OH asked in Criminal Law, Personal Injury and Civil Rights for Ohio

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.

1 Lawyer Answer
Patrick DiChiro
Patrick DiChiro
  • Criminal Law Lawyer
  • Independence, OH

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

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