By Luz Root
‘Angry’ Florida teacher elbows 12-year-old during basketball game, knocking out his tooth (story)
Police arrested a teacher for allegedly throwing a basketball at a 12-year-old boy and elbowing him in the mouth, causing his tooth to be knocked out. The teacher is now pending charges for child abuse and battery.
To prove the Battery charge, the State of Florida must prove that:
- The teacher actually and intentionally touched or stroke the student against his will; or
- The Teacher intentionally caused bodily harm to the student.
To prove the Child Abuse charge, the State of Florida must prove that:
- The teacher Intentionally inflicted of physical or mental injury upon the student; or
- The teacher committed an intentional act that could reasonably be expected to result in physical or mental injury to the student
One may quickly jump to conclusions that the teacher is guilty of the alleged act based on the reporting by the media. However, things are not so black and white and that is why the importance of having an experienced Defense Attorney.
In this particular case, there is no dispute about the injuries; the child’s tooth was knocked out as a result of the teacher’s actions.
However, both Battery and Child Abuse charges require Intent. If this case were to go to trial the defense could argue that the teacher’s actions were not intentional. The teacher was playing basketball with the students, and this was an unfortunate accident.
If you or a loved one needs the assistance of one of our Criminal Defense Attorneys, don’t hesitate to call us at 352-WIN-4YOU We are available 24/7 and we offer payment plans.