More Teenagers in Trouble: Melee at Carson High School

This week’s news story is about the melee that went down at Carson High School, after which 3 students were arrested and 4 were hospitalized. The fight reportedly involved dozens of Samoan, black and Latino students, and it happened during the morning nutrition break and then again at lunchtime. Three students were arrested on suspicion of assault with a deadly weapon.

California Penal Code section 245(a)(1) defines assault with a deadly weapon as an assault that is committed with any type of deadly weapon or by means of force that is likely to cause great bodily injury to another. Fortunately for these students, this code section can be charged as either a misdemeanor or a felony. That decision is based on three factors, such as the type of weapon or instrument used to commit the alleged assault, whether the person whom the defendant allegedly assaulted sustained an injury (and if so, the severity of the injury), and the nature of the victim (whether the alleged victim is a peace officer or other “protected” person).

In this high school melee 4 students were hospitalized, some with injuries to their abdomen and one student suffered blunt-force trauma. One student witness states that his friend was left on the ground shaking and gasping for air after being repeatedly kicked. The instrument here – feet – is not normally one that would cause a prosecutor to charge a felony. But when the defendant’s feet are used so callously on so many potential victims, there could be a felony charged.

The defendants’ feet are actually not the deadly weapon here, because a weapon is an object and parts of the body are not considered objects. As stated above, the Penal Code section245 charge also includes assault by means of force that is likely to cause great bodily injury to another. The means of force here is the feet used to kick another causing great bodily injury. How the defendants used their feet is the critical question. One kick alone may not suffice to likely cause great bodily injury.

The prosecutor doesn’t even need to prove that a defendant actually injured another person or that the defendant made physical contact with another person. All that matters is that the defendant had the ability and intent to severely injure the other person.

There are several defenses available to the defendants. One defense would be the inability to carry out the assault. Maybe one of the three students arrested wasn’t even in the thick of the fight, so there really was no way for him or her to kick or assault anyone in anyway. Self-defense is another possible defense, though the defendant must have an honest and reasonable belief that bodily injury is about to be inflicted on him, and only counter with as much force as is reasonably necessary to ward off the injury. This defense may not go over as easily as it sounds, especially in this case where the assault on the victim is alleged to have happened while the victim was on the ground defenseless. There doesn’t appear to be any situation in which a person on the ground could be deemed to be attacking a person standing up, especially when the person on the ground is unarmed.

The best defense here, albeit not a great one, would be consent. This is usually the case in situations of mutual combat. However, the victim on the floor being kicked would not likely testify in court that he consented to repeated kicks to the head or abdomen. This defense is best used in situations like fight clubs. The defendants may want to rely on the fact that there is likely insufficient evidence here because the fight involved over 20 students, it would be difficult to pinpoint any assault on any defendant. Witnesses probably didn’t have a clear line of sight to these three defendants out of 20 students.

Lastly, these defendants are high school students so they may have the benefit of having their cases heard in juvenile court. If the juveniles are adjudicated (convicted) of the crime, they will be sentenced at a disposition hearing. Generally, disposition options include “home on probation”, custody at a probation camp, or commitment to the California Youth Authority. This crime in particular can be charged as a felony making commitment to the CYA a likely situation. Ultimately, the judge will try to craft a sentence that will discipline the minors but also help them get the tools necessary to become a productive member of society.


Read the news story here.

Juvenile Court is Different

It is vital to seek the help of an attorney that has experience specifically in juvenile court because it’s a different world. In juvenile court the terminology is different, the procedures are different and even the law can be different. Many defense attorneys practice mostly in adult criminal courts and will from time to time take juvenile cases. These defense attorneys often don’t know about the intricacies of juvenile court that could potentially benefit their client’s case.

Traditional criminal defense attorneys who do not have a focus on juvenile court would not know that “status offenses” like truancy and curfew violation are considered criminal acts when committed by juveniles. The first sign of an attorney who is not dedicated to juvenile criminal court cases is an attorney who refers to cases as “convictions” instead of “adjudications.” Technically, juvenile court is not part of the California criminal law system. It is part of the civil law system where cases are adjudicated. There are also no juries in juvenile court, and the proceedings are generally kept confidential.

There are also a number of different “dispositions” – also known as sentences – in juvenile court that wouldn’t necessarily be available in adult criminal proceedings. Informal probation is certainly an option, however in juvenile court the minor never admits any allegation of wrongdoing and the charges are dismissed upon successful completion of the program. Juvenile offenders are also not “incarcerated” in state prison; they are “committed” to the California Youth Authority (CYA) which is also called the Division of Juvenile Justice under the California Department of Corrections and Rehabilitations.

Juvenile offenders are committed to CYA instead of incarcerated because the goal of the juvenile justice system is to rehabilitate offenders. It is well known that the adult criminal justice system is designed to punish, deter, and incapacitate – rarely is rehabilitation a goal. Juvenile offenders will often get the education, treatment and services necessary to move past their crimes, reunite with their families and become productive members of society.

Although most minors under the age of 18 at the time of the offense will be tried in the juvenile justice system, there are cases in which younger minors can be tried in the adult court system. The age at the time of offense is critical, this means that if the offense was committed when the offender was 17 but is not caught until age 20, the case can still be heard in the juvenile justice system.

However, certain crimes committed while the minor is 14 and up must be heard in the adult court system. These are typically very serious crimes such as murder with special circumstances, sex offenses such as rape with force, violence or threat of bodily harm, forcible sex in concert with another, lewd and lascivious acts on a child under 14 with force, violence or threat of great bodily injury, forcible sexual penetration, sodomy or oral copulation by force, violence or threat of great bodily injury.

In certain circumstances, minors can be tried as an adult. Those circumstances are crimes such as murder, arson causing great bodily injury, robbery, certain sex crimes, kidnapping for ransom, robbery or with great bodily harm, attempted murder, assault with a firearm, and other such serious offenses. Prosecutors have the discretion as to how to handle cases that can be filed in adult court. They can either file directly in adult court or can initiate a fitness hearing and have a judge decide the issue.

These are just of few of the intricacies involved in juvenile criminal defense. It is important to have an attorney who is dedicated to understanding fully the juvenile justice system, especially where there is the necessity of a fitness hearing. The best outcomes can happen in juvenile court, but you need an attorney there who knows how to get those outcomes.