Can police charge my 11 year old son with assault 2 for showing a fellow student his pocket knife at school ?

Question

Can police charge my 11 year old son with assault 2 for showing a fellow student his pocket knife at school ?

Answer

Did he get so charged?

Two ideas, based on little information to go on: what does "showing" mean? If the "showing" was done in a threatening manner, that could be a problem. If not, that could be a defense. Second, I would argue that a folding pocket knife is not a "dangerous weapon" as defined by statute, since it was not "designed as a weapon." Get a lawyer, and see the statutes (links below).

https://www.revisor.leg.state.mn.us/statutes/?id=609.02

609.02 DEFINITIONS

Subd. 6.Dangerous weapon.

"Dangerous weapon" means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, any combustible or flammable liquid or other device or instrumentality that, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm, or any fire that is used to produce death or great bodily harm.

Subd. 10.Assault.

"Assault" is:

(1) an act done with intent to cause fear in another of immediate bodily harm or death; or

(2) the intentional infliction of or attempt to inflict bodily harm upon another.

https://www.revisor.mn.gov/statutes/?id=609.222

609.222 ASSAULT IN THE SECOND DEGREE.

Subdivision 1.Dangerous weapon.

Whoever assaults another with a dangerous weapon may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both.

Answer

Thank you for the inquiry.

A second degree assault is a felony and a very serious offense. It involves the use of a deadly weapon and, if the person where an adult, may be punishable by up to seven years in prison and a fine of up to $14,000. In a juvenile case, it is serious, but would not involve an adult sentence at 11 years old. The critical issue is whether the weapon was displayed to inflict a dear of immediate bodily harm.

Often, the best defense is a good offense. In most instances, an argument for self defense or defense of others may be made and Motions should be served to acquire all statements and medical records from the prosecution. In a matter where there is use of dangerous weapon alleged, it must be shown that the person charged used commensurate force to whatever threat was presented and, in may instances, there is also a duty to retreat before responding with force. Often, with skilled legal representation jail time and convictions can be avoided.

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