Legally, Is this assault? Who is right, Who is wrong?

Question

Let's say.

A 13 year old (not your daughter) girl starts crying, kicking and punching you rapidly.

You just try and ignore it, sitting down and enjoying your cigarette.

But then she gets a fine kick in the kidneys. You turn around and slap her in the face with the back of your hand. She sises assaulting you and just sits on her *** and keeps crying.

Oh yeah, all this is caught on camera.

Legally, can this adult, who slapped her go to prison? In the state of Virginia.

THIS ADULT IS NOT ME.

Answer 1

Virginia's law is: " § 18.2-57. Assault and battery.

A. Any person who commits a simple assault or assault and battery shall be guilty of a Class 1 misdemeanor, and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color or national origin, the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement. "

HOWEVER, since it was on camera, the individual MAY get the charges dropped because of the minor's actions.  I HOPE the MINOR is being charged.

Answer 2

maybe not to prison, but you will get into trouble for that one.

you cannot lay a hand on a minor.

Answer 3

Yes that adult will go to prison. In order for an act to be self defense you have to response proportionately to the threat. If another adult male attacks you than that would be ok. But a kid or a woman you can stop them from hitting you but you can't beat them like another adult male.

Answer 4

Yes, the Adult can be charged for assault. The Adult should of held pushed her away or held her down whilst someone called the police.

Answer 5

Not sure about prison, but wouldn't be surprised. I'd call it assault on both sides. The adult is getting in far more trouble though. Beyond the assault it would also be child abuse and child endangerment(cops will put all charges they can up). It is considered that the adult should have had the good sense to get up and walk away, or if they were watching the kid then they should have sent the child to it's room until the child calmed down. You can't sit there being hit and use that as a defense to smack the kid like that.

Answer 6

The child is guilty of simple battery.  The adult is guilty of battery or child abuse, depending on the circumstances.  It is not self-defense because it was not preventive, it was retaliatory and other options were available.