Visitor Question

Premeditated assault at school…

Submitted By: D (Franklin, NC)

I am 18 and a Senior in High School in Franklin, NC. On April 20, 2017 at approximately 9:30am I was in my welding class. A student came into my class (who wasn’t supposed to be in there) and asked me if could come outside and speak with another student. I finished up what I was doing and asked to be excused.

When I found the other student he didn’t know what I was talking about! So I turned around and headed back to class taking a shortcut through the automotive shop. The shop teacher has a planning period at this time so there was no class going on. The first boy that came to my class and another boy were waiting in there to confront me!

The other boy’s girlfriend had been calling and texting me. She was trying to make him jealous. It worked! He asked me about it. I said yes she had but I wasn’t interested and I apologized. I saw a movement out of the corner of my eye and looked over and saw the first guy get out his phone and began to video. That’s when the second guy sucker punched me in the temple!

My arms went numb and I couldn’t lift them. Witnesses said he continued to hit me and strike my head against a metal tool box and a pair of hand trucks, and that the back of my head hit the concrete floor repeatedly. The next thing I knew I was sitting up covered in blood. A teacher came and started cleaning me up and another student started mopping up the blood.

They had things cleaned up before the SRO officer got there. He did take pictures of me. He charged the one boy with simple assault and disorderly conduct. I had over 14 contusions on my forehead, head and the back of my head, a large gash on my left temple, and a concussion.

They planned to video this, lured me out of class, caught me off guard, knocked me out, and continued to hit me in the head and eyes like an animal. This was no fight it was a beatdown.

What grounds do I have to stand on? How can I get justice?

The school only gave the aggressor 3 days suspension and because the other boy erased the video he got nothing. There were at least 5 other witnesses that were part of the little gang that follows those two boys around. They did nothing to help me. I thought a couple of them were my friends, but I guess not.

This is a small town and I feel like I’m not going to get justice. Both those boys are football players and volunteer fireman. The first court date has already been continued by the perp. Do I have a case? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear D,

Contact the Macon County District Attorney’s Office and ask to speak with the prosecutor handling the student’s case. Tell the prosecutor you are the victim in the case and sustained injuries, medical bills, and trauma.

If this is the student’s first arrest, it is likely the prosecutor will offer the student a “probated” sentence. A probated sentence is normally offered to first offenders in misdemeanor cases, and sometimes in felony cases.

A probated sentence works like this…

Let’s say a person committed a felony crime which is punishable by up to 10 years in prison.  In many cases felony charges also comes with a contingency for probation. This means instead of serving the prison term, the defendant will be out and on probation for up to 10 years.

During the probation term the defendant will likely have to report to a probation officer once a month, do community service, take anger management classes, be ordered to reimburse the victim for medical bills and related expenses, and may even be given a curfew.

If at any time during the probationary period the defendant fails to abide by the conditions of probation, he is subject to immediate arrest and possible incarceration up to the remainder of his sentence. In this example, the violation of probation would subject the student to up to 10 years in prison.

From the seriousness of your injuries, and the ferocity of the attack, it is possible the student may be facing a felony charge. Ask the prosecutor if he or she is considering recommending probation to the court (judge), and if in addition to other conditions of probation, he can be be ordered to pay all your medical bills and related expenses.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 19, 2017

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