A criminal charge on a student’s record could affect their life far beyond their school days. A conviction might adversely affect a person’s college applications or their ability to acquire gainful employment.
Students who are accused of criminal offenses are innocent until proven guilty beyond a reasonable doubt. However, parents, who are now in an adversarial relationship with the school, might begin to feel that their children have not been given the opportunity to explain themselves.
If your child is experiencing legal trouble, a Culpeper student defense lawyer might be able to advocate for them during the proceedings. Parents do not need to feel overwhelmed when their child is accused of a criminal offense. An experienced attorney might be able to help.
School shootings seem to make the news at an alarming rate these days. However, by law a student who has a weapon on campus cannot be presumed to have the intent to engage in a mass tragedy.
There might be any number of other reasons why a student brought a dangerous item to school. Moreover, a student might have been accused of having a weapon at school, when it was not actually theirs. A student defense lawyer in Culpeper may be able to assert these or other arguments.
Under the Code of Virginia §18.2-308.1, it is a criminal offense to bring a weapon on school grounds or on the school bus. Knowing possession of any of the following items could result in a class one misdemeanor charge:
If a student carries a firearm on campus, they could be found guilty of a class six felony. This offense carries a sentence of up to five years in prison.
Students who fight on campus, or while riding the bus, could be charged with assault and battery. Simple assault and battery is a class one misdemeanor under §18.2-57 of the Code of Virginia. These charges might be escalated if the school determines that a student targeted the other participant in the fight.
Under Culpeper law, someone who allegedly attacked another student because of their race, religion, or national origin may receive a mandatory minimum sentence of 30 days of incarceration. The court could penalize a convicted student with up to six months in juvenile hall.
A Culpeper student defense attorney might be able to make a successful argument that a student client acted in self-defense. Further, the prosecutor has the burden of proving that the assault and battery was based on race, creed, or alienage. A defense counsel may be able to provide evidence that creates a reasonable doubt about these allegations.
If your school-aged child is in trouble with the authorities, help is available. A Culpeper student defense lawyer might be able to represent you in court or before school tribunal. Call the law offices of a local Culpeper legal professional to get started on preparing your student’s defense.
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