Two Teens Arrested for Battery Following School Yard Bullying Incident

With the nation’s eyes glued to New Jersey and the Rutgers University cyber-bullying trial, two teens in California have been arrested for battery for what is being called school yard bullying. While psychological abuse is still a very significant part of bullying, physical violence is something that occurs each and every day in the halls and playgrounds of America’s schools. As battery attorneys, we are surprised we don’t see more cases come our way of students accused of battery for incidents that occur at school.

In this particular instance, an 11 year old boy was attacked by two older schoolmates who knocked him to the ground, hit him and even pulled down his pants while the videotaped the attack on their cell phones.

Several students stood and watched until an adult intervened and reported the incident.

In California, in order to be convicted of battery, the prosecution needs to prove that the defendant willfully touched the victim in a harmful manner and that the attack was not a case of self-defense or in defense of someone else.

It seems as though these sorts of attacks happen on a daily basis, but the authorities are almost never involved. Unfortunately, with schools seemingly unwilling to police themselves, turning to the juvenile courts might be the only way to curb bullying in our schools.

There are several defenses a battery defense attorney can raise when it comes to schoolyard violence. Mutual combat and self-defense are two of them, and are quite common. But when it is a case of multiple assailants picking on a younger or weaker child, it seems as though getting the authorities involved is the best an only way to combat bullying.