If an 18 year old and 17 year old get into a fight.. will the 18 yr. old be in more trouble with the law or not? I live in TX btw...
2006-10-31 17:13:18 · 10 answers · asked by BMD 2 in Politics & Government ➔ Law & Ethics
But wouldn't the 17 yr old be considered an adult also in that situation?
2006-10-31 17:18:58 · update #1
I am not a lawyer but anyone under 18 is considered a minor. 18 and up is considered an adult. The 17 will be processed as a juvenile and the 18 year old will be treated as an adult. So, the 18 year old will be treated more harshly by the law because, as an adult, the 18 year old should have known better than to fight a minor. Incidentally, fighting, also known as assault, for anyone of any age, is illegal!
2006-10-31 17:23:18 · answer #1 · answered by Rags to Riches 5 · 1⤊ 0⤋
This is a common misconception. What if the 17 yo is the aggressor? Is the 18 yo supposed to lay there and get beat up? Most states have taken that "Age of Majority" thing out of their Assualt laws. There is some provision for more vast age differences - then you are talkng about Child Abuse.
In general, if attacked, you are allowed to use force to defend yourself up to the point that the attack stops, then you must stop as well. Also Law Enforcement and prosecutors are interested in prosecuting the aggressor. That's the person who is the chief cause of the problem and will probably cause more trouble in the future.
What often happens though is two guys, often drunk, fighting over a girl or some other stupid thing and they are both aggressors and both get charged - usually with Disorderly Conduct or Criminal Mischief - Assault usually has a victem that may or may not inflict injury in the process of defending themselves.
2006-10-31 17:28:22 · answer #2 · answered by APRock 3 · 0⤊ 0⤋
One must first consider intent, regardless if the person is a minor or not. If the 18 year old was defending himself his age would be irelevent, however if he had malicious intent and was commiting assult he would be charged as an adult. This would mean that the sentence or punishment would be much harsher for someone who was charged as an adult verses someone who was charged as a youth. Also, a criminal record would be generated and maintined for an adult whereas for a young offender it would be exponged when the person turned 18. A minor who had malicious intent and comitted assault would still be charged and could end up in "juvenile detention".
Any persons charged should not make a statement to anyone conducting an investigation unless your legal council is present and he or she directs you to do so.
2006-10-31 17:25:05 · answer #3 · answered by C Dub 2 · 0⤊ 0⤋
The 18 year old would get into more trouble then the 17 year old would. Cuz the 17 year old is still a minor. Tho it could be much different if the 17 year old started it and the 18 year old was just defending him self. but it would be kinda hard to prove..
2006-10-31 17:24:41 · answer #4 · answered by frankfort_girlie 3 · 0⤊ 0⤋
as long as the person is over 16 years of age, they can be arrested. trust me on that one, i got into some trouble when i was 14 and they didnt arrest me cuz i wasnt 16 yet. ur bro can def. be arrested at 17. at 17 a person can also move out and be on their own. 17 is a very strong number since kids do graduate from high school at 17 b/c they're born late in the year. u cant fight it, actually, the cops are more right then u are. he's 17, why does he have illegal fireworks? ur father can even get arrested for that. good luck man.
2016-03-28 03:11:13 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Depends on who started the fight & who win's!If the 17 yr old started it and the 18 yr old wins, no his not! He's defending himself!.. If the 18 yr old started it and kicks 17 yr olds butt! Yes he is, if he kicks him! kicking is a felony hitting with hands is a mistomeanor.... The one who starts the fight is always wrong! no matter the age! Just don't kick and its only a mistomeaner though
2006-10-31 17:28:47 · answer #6 · answered by Richard (RC) C 1 · 0⤊ 0⤋
Yes. The 17 yr old is a minor. So the charge would be assault on a minor.
2006-10-31 17:17:48 · answer #7 · answered by jerofjungle 5 · 1⤊ 0⤋
They should both go to jail for being so dumb... and have to share a cell for their inability to settle their differences in a civilized manner.
2006-10-31 17:20:33 · answer #8 · answered by Angela M 6 · 0⤊ 0⤋
come up from behind slide a bag over his head and .......destroy......or just be a man and walk away and use your energy to something that will make you money(leagaly)and become rich and well you know...
2006-10-31 17:27:45 · answer #9 · answered by Anonymous · 0⤊ 0⤋
yes
2006-10-31 17:14:58 · answer #10 · answered by Hermes711 6 · 0⤊ 0⤋