Assaults on School Grounds

According to the Indicators of School Crime and Safety: 2013 report, approximately 28% of students between the ages of 12 and 18 reported that they’ve been bullied at school. Despite anti-bullying campaigns promoted by school districts, most of the bullying that takes place in the United States occurs at school. In fact, the DHHS reports that 1 in 3 students in the U.S. admit to being bullied at school.

In the Center for Disease Control and Prevention’s Youth Risk Surveillance – 2013 report:

  • On average, 7.2% of students surveyed in 39 states said that they have not gone to school before because of a safety concern.
  • In the U.S., many students dread verbal and physical aggression from fellow students.
  • Many students admit to attending school in a chronic state of depression or anxiety due to bullying.

“Children cannot get a quality education if they don’t first feel safe at school.” ~Arne Duncan, U.S. Secretary of Education

When Bullying Reaches the Level of Assault

While bullying in schools has been around for a long time, it didn’t necessarily mean that a student could face criminal charges, but things are different in the 21st Century. Today, if a student physically bullies one of their peers on school grounds, the aggressor can face criminal charges under section 241.2(a)(1) and 241.2(a)(2) of the California Penal Code.

Under Section 241.2(a)(1) for example, when an offender assaults another person on school property, the offense is punishable by a fine not to exceed $2,000, or by up to one year in county jail, or by a fine and imprisonment.

When a minor commits the above offense on school property, the court may decide to impose probation and order the minor to attend counseling, in addition to any fine or sentence imposed.

When a school employee is assaulted, whether on or off the school’s campus and the attacker knows the victim is an employee of the school, the offense is punishably by up to a $2,000 fine, or up to one year in jail, or both a fine and imprisonment.

Parents and Youth Must Take Bullying Seriously

As parents, we all know that bullying has probably always existed among youth, but our children cannot get away with it like our generation did. These days, California has enacted strict laws against assaults that occur on school grounds in an effort to deter bullying. While there are benefits to these laws, some youth will pay a heavy price by going to jail for their actions.

Looking for an Orange County criminal defense lawyer to defend your son or daughter against assault charges? Reach out to the Law Offices of Virginia L. Landry, Inc. for the help your family needs!

Categories: Criminal Defense, Assault

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