As a parent, you may have taught your child to stand up for themselves. But what happens when standing up to a bully leads to an injury?
In Florida, the line between self-defense and assault can be blurry, especially for minors. If your child retaliates against a bully and injures them, they could face charges in the state’s juvenile justice system.
That said, understanding your child’s rights and responsibilities is crucial in navigating your legal options.
Self-defense as a legal defense
Self-defense is a common defense strategy in assault cases, both for adults and juveniles. If your child fought the bully to protect themselves from harm, self-defense could be a valid defense.
However, the situation must meet certain conditions, including but not limited to:
- Your child faced an imminent threat
- There was reasonable fear of harm
- Your child did not provoke the attack
The concept of proportional response is another crucial factor. Proportional response means that the force used in self-defense should be reasonable and in proportion to the threat your child faced.
For example, suppose a bully pushes your child, and your child responds by punching the bully repeatedly. The court might consider this response as disproportionate.
The role of Florida’s Stand Your Ground law
In some states, people facing harm have a “duty to retreat.” This means they must attempt to leave the situation before using force.
Florida’s Stand Your Ground law removes this duty. In other words, a person does not have to try and leave the situation before using force to defend themselves. This could apply to a child in a school, on a playground or in other public spaces—as long as they have a legal right to be there.
If the Stand Your Ground criteria are met, your child could be immune from criminal prosecution.
When fighting back can become assault
Parents need to understand when self-defense crosses the line into assault. Here are example scenarios where your child’s actions could be considered assault:
- If their actions are disproportionate to the threat
- If your child acted in revenge, not as an immediate response to a threat
- If your child escalates a nonphysical confrontation into a physical one
- If the immediate threat ceased, but the child continued to use force
Note that context is essential in these situations. Factors such as the history of bullying and the children’s ages can affect your child’s case.
Your child has the right to defend themselves, but they could still face criminal charges. This is why it’s vital to seek legal counsel immediately. An experienced juvenile defense attorney can help navigate your child’s case and find the best ways to protect them.
