Possible Assault Charges for California Juveniles
“Kick a Ginger Day” was inspired by a 2005 South Park episode. But the fluke holiday went a little far when about 11 kids at an affluent school in California thought it would be okay to actually kick red headed classmates.
No one was seriously injured in the events that took place that day. As this Associated Press article reports, most incidences involved a simply kick in the leg. A few red heads did, however, end up bruised.
Following the low brow humor of the South Park cartoon, a 13 year old student at A.E. Wright Middle School declared November 20th to be “Kick a Ginger Day” and solicited participants on the social networking site Facebook. Although other students retaliated with “Protect a Ginger Day”, some actually went out of their way to kick red headed students.
Three boys were detained for the incidents and subsequently released to their parents. All three could face assault charges, a determination that will be made at a later date.
In the California Juvenile Court system the determination to file charges in a case like this typically occurs between the district attorney and the probation office. While the exact procedure varies from county to county, in most cases, where an actual crime is thought to have been committed, a “602 petition” will be filed.
Simple assault, which would likely be the charge if these cases are sent to court, is a misdemeanor that can lead to 6 months behind bars. While a juvenile would serve any potential time in a juvenile lock up facility, the potential penalty is the same as it would be for an adult.
When a child is facing criminal or status offenses in California, it is important to have an attorney, just like you would for an adult case. Although the adult and juvenile courts are different, all defendants are entitled to be represented.
Contact us today if you or your child is facing criminal charges in the California system. We can help work through your child’s legal problems.
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