Will My Child Be Expelled for Fighting at School If Charged With Battery?

As a parent, getting a call that your child has been in a fight at school is distressing enough. But when you learn that they are also facing battery charges and potential expulsion, it can be downright overwhelming. If you find yourself in this situation, you likely have many questions and concerns about what happens next. Here’s what you need to know.

Understanding Battery Charges for School Fights in Georgia

In Georgia, a simple battery occurs when someone intentionally makes physical contact of an insulting or provoking nature with another person or intentionally causes physical harm to another person (O.C.G.A. § 16-5-23). When a school fight involves hitting, shoving, or other unlawful touching, it can lead to battery charges.

For students under 17, these charges are typically handled in juvenile court. But for students 17 and older, a school fight can result in adult criminal charges and serious legal consequences. Even if the other student doesn’t press charges, the school resource officer or other law enforcement may arrest and charge the accused student if they have probable cause.

School Disciplinary Actions for Fighting

In addition to facing criminal charges, a student involved in a fight at school will likely face disciplinary action from the school administration. Most Georgia schools have zero-tolerance policies for violence and follow a code of conduct that outlines the consequences for fighting.

Potential school penalties for fighting may include:

• In-school suspension
• Out-of-school suspension
• Alternative school placement
• Expulsion

The specific punishment will depend on factors like the severity of the fight, whether injuries occurred, if the student has prior disciplinary issues, and the individual school district’s policies.

The Threat of Expulsion

Expulsion is the most serious school disciplinary action and involves the student being removed from the school district entirely, often for at least a semester. While not all fights automatically result in expulsion, it is a very real possibility, especially if the incident was severe or the student has a history of violence.

Before a student can be expelled, the school must follow due process procedures. This typically includes a formal hearing before a disciplinary tribunal or hearing officer, where the student can present their case and challenge the evidence against them.

As a parent, it’s crucial to take expulsion proceedings seriously and get your child proper legal representation. An experienced school disciplinary defense attorney can help you navigate the disciplinary process, protect your child’s rights, and advocate for a more favorable outcome.

Defenses and Mitigating Factors in School Fight Cases

When a student is facing battery charges and expulsion for a school fight, it’s important to consider all the defenses and mitigating factors that may explain or contextualize their actions. For example:

• Was your child acting in self-defense or defending another student?
• Did the other student instigate or escalate the conflict?
• Does your child have any underlying issues, such as a learning disability, mental health condition, or history of being bullied, that may have contributed to the incident?
• Is this your child’s first disciplinary offense, or do they have a track record of good behavior?

An experienced defense attorney will thoroughly investigate the circumstances surrounding the fight and seek to gather evidence to support your child’s case. This may include witness statements, video footage, school records, and expert evaluations. The goal is to present a compelling narrative that promotes leniency and understanding.

Protecting Your Child’s Future After a School Fight

School fights are serious matters that can have long-lasting consequences for your child’s education and future. If your child is facing battery charges and potential expulsion, it’s essential to act quickly to safeguard their rights and interests.

At Ghanouni Teen & Young Adult Defense Firm, we have extensive experience defending students in school disciplinary proceedings, juvenile court, and adult criminal court. We understand the high stakes involved and are committed to achieving the best possible outcome for your child.

Don’t let one fight jeopardize your child’s education and future prospects. Contact our legal team today to request a consultation. We’re here to listen, help, and implement a plan that is in alignment with you and your child’s goals.