Q: I have a 12 yr old sixth grader. Has mental illness p.t.s.d. and more. Can he be charged with assault?
Has a I.E.P and behavioral plan. The public schools do not know how to regulate a child with disabilities. So he has always struggled in school. Wright county is trying to charge him with 4th degree assault on a officer (felony) and 4th degree assault on school staff.
A: Can a delinquency petition be filed? Yes. Is your child going to be adjudicated delinquent? That is impossible to predict with the information that is provided in this question. But the Court will certainly take into consideration any mental health issues and appropriate programming when deciding if he is going to be adjudicated delinquent.
A: Age alone would not be a defense to assault charge for a 12 year old. But there are many defenses to an assault charge. Among those mental illness can sometimes be a defense. But I'd suggest keeping an open mind, and working with a defense attorney to get all the available information ("discovery") and explore all potential defenses.
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