Can an Adult Get in Trouble for Picking a Fight with a Minor?

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Can an adult get in trouble for picking a fight with a minor? Does the minor have to testify against the adult, or can a videotape of the incident be used as evidence?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Depending on the exact situation, most states do not have laws that punish adults for fighting with minors. A person may incur criminal charges if he or she assaults and/or batters any person regardless of age. If this occurs, the minor or the police can press charges against the adult. Similarly, if an adult attacks another adult, then the victim or the police can press charges as well.

In regard to your second question, the minor may testify against the adult in court, and the videotape may be shown as evidence. Additionally, if other people witnessed the incident, they may be allowed to testify as well.

You should consult with a local criminal defense attorney for legal advice pertaining to assault and battery within your state.



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Author: House Attorney