Fights between high schoolers often occur and usually result from hormonal imbalances that stir them to become aggressive for a time. While some incidents are treated as mild scuffles, some escalate into assaults, leading to charges being filed. Despite most likely involving minors, the matter can be serious, requiring the help of a defense attorney. If your child has been accused of assault, learn more about your options moving forward. 

When Does a Fight Become Assault?

The difference depends on the cause, the resolution, and the seriousness of the injuries. In some cases, the student found at fault for starting the fight is likely to be held responsible. However, the victor may be prosecuted even if they didn't provoke the fight. Each situation differs, depending on the severity of the injuries to the other party. 

How Are Students Prosecuted After a School Fight?

Disorderly Conduct

Your child's defense attorney will likely seek reduced charges in the form of disorderly conduct. In West Virginia, this is a catch-all misdemeanor. A conviction may result in fines, conditional probation, or community service. If your high schooler is convicted as a minor, the state will seal their record one year after their 18th birthday or one year after the case ends. However, if the case was tried in a criminal court rather than a juvenile court, the record can remain public. A criminal defense attorney may be able to file for an expungement under West Virginia's guidelines to remove the record. 

Assault & Battery

Simple assaults are usually handled as misdemeanors, with charges ranging from fines between $100 and $500 and jail time between 6 and 12 months. 

Aggravated Assault 

Aggravated assaults are more complicated and are considered felonies, which carry more significant penalties, even for minors. An aggravated assault during a high school fight occurs when factors enhance the severity of the crime. A student who brings a weapon to school, attacks a teacher, or acts with the intent to cause serious harm can be brought up on aggravated assault charges. 

How Can You Prevent Your Child From Fighting in the Future? 

Medication provided by a doctor can help regulate hormonal imbalances. Other teens respond to speaking with a counselor to understand the motives behind the aggression. In time, the sessions will help decrease the likelihood of fights occurring again. 

There are also anger management classes aimed at juveniles and teens rather than adults. These courses can help students find the proper outlet for their feelings and handle them more maturely. 

The criminal law code is complicated to navigate alone. For nearly 40 years, Kratovil Law Offices, PLLC has given Charles Town, WV, residents the guidance they deserve. They have earned a reputation for their extreme attention to detail and passionate representation. Call upon their previous experiences working for the prosecution gives them a better platform to defend clients and increase the likelihood of a positive outcome. For more information on their practice areas, visit their website. To schedule a free consultation, call them at (304) 728-7718.