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Physical Assault In School In California
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Multi-State
Control #:
US-000298
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FAQ
In California assault can be charged as either a misdemeanor or a felony in California. Whether the prosecution charges a person with misdemeanor assault vs felony assault depends on whether the defendant used a weapon, and the amount of force the defendant used.
Yes, u can sue for assault and battery in civil court. it might be best to wait til the criminal case is over as you may be able to use any resolution of the case against him there. you'll need to document all your damages. just about any lawyer willing to take the case can.
Generally speaking, if you are threatened or attacked by a student, you should immediately report it to a school administrator and your teachers' union representative if you have one.
If charged as a felony, assault on a school employee, California Penal Code section 245.5(a), is punishable by a term of imprisonment of 3 years (low term), 4 years (mid term), or 5 years (high term).
However, under the California Tort Claims Act law you may be able to sue your child's public school if certain conditions are met. Unlike directly filing a lawsuit against a private school, in order to sue a public school you must first give notice of your claim to the school.
Schools in California are also prevented from using corporal punishment or physical punishment to discipline students. Schools may not punish students for refusing to attend classes or extracurricular activities.
Depending on the nature of the altercation, students involved in a school fight may face charges of assault or battery. If a weapon is used or brought to school during the fight, students could face additional charges related to possession of a weapon on school grounds, which can lead to serious legal consequences.
If a person assaults a child, he or she can be sued in civil court for the damages the person caused. Unfortunately, most individuals that commit these crimes don't have assets to compensate the victims.
Complaints about inappropriate behavior by teachers can be made by anyone to a School District. All that is required is a signed affidavit. Complaints can also be sent directly to the California Commission on Teacher Credentialing (CCTC) in Sacramento.
If you choose to go with a written letter, do the following. First Identify yourself, and your relationship to the school. Second, Identify the concerns or issues. Explain the acts and why they are a concern. Do not provide names at this point. Offer to provide further details upon request.