Bullied and beaten...in middle school!

momof3sons
Fri, 19 Nov 2010 15:53:40 +0000

frazzled1-While I agree with you that this should qualify as a felony, my understanding is that the victim’s broken leg occurred when he was thrown to the ground, not when he was beaten with the sticks. The difference in the law is that in order to rise to the commission of a felony, the defendant has to cause the physical injury by means of “a deadly weapon or a dangerous instrument.” If the tree limb was used to cause the injury, then I think felony assault would have been charged.