Fights Between Minors: Reporting, Injuries and Consequences
Fights and aggressions between minors: what consequences can they have?
A fight between minors can start as an argument and end with a complaint, a medical report, videos circulating on WhatsApp or the intervention of the police. For families, the difficulty is to determine what really happened, who intervened and what legal consequences it may have for each adolescent.
Not every argument or push has the same criminal relevance. Nor do all participants in an aggression between minors respond in the same way. It is necessary to analyze the injuries, the individual conduct, the available evidence and the context in which the confrontation occurred.
What happens after a fight between minors?
If any of those involved were between 14 and 17 years old when the events occurred, their possible responsibility is analyzed according to the
Organic Law 5/2000. A complaint of a fight between minors may lead to police proceedings and subsequently to an investigation led by the Juvenile Prosecutor’s Office.
During the procedure, it will be assessed who started the confrontation, what each participant did, what injuries were caused and what evidence allows the facts to be reconstructed. Our juvenile criminal lawyers intervene both in the defence of the accused minor and in the assistance to families whose child has suffered an assault.
When can a fight constitute a crime of injury?
The Penal Code differentiates injuries that require medical or surgical treatment from others of lesser importance and from blows that do not cause injury. Therefore, in a possible crime of injury committed by a minor , it is not enough to affirm that there was a fight: it is necessary to know the damage caused and the necessary medical assistance.
In certain cases, the classification as minor offences may be relevant, while the use of dangerous objects or certain forms of aggression may increase the seriousness of the acts.
My son has been denounced for a fight
If your child has been reported for a fight, it is advisable to avoid hasty explanations and carefully reconstruct what happened. Messages, videos, photographs, names of witnesses, medical reports and any communication from the school or institute must be preserved.
It is also important to determine whether the child acted alone, reacted to a previous aggression, or tried to remove himself from the conflict. If the situation leads to police arrest, the defence must immediately coordinate with assistance to the detainee.
My son has been assaulted: what can we do?
If your child has been beaten, the priority is to address the injuries and preserve evidence. It may be advisable to report, provide medical documentation, identify witnesses and keep videos or messages related to the assault.
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The importance of the medical report
The medical report is especially relevant in injuries among minors because it allows the damage observed and the assistance received to be objectively documented. Whenever there is an attack with physical consequences, it is advisable to go to a health center and explain how the injuries occurred.
Subsequently, it may be necessary to determine the healing time, possible sequelae, and whether medical or surgical treatment was necessary. The report does not prove on its own who caused the injury, but it can be decisive in proving its existence and severity.
Videos, mobile phones and witnesses as evidence
In many fights between teenagers there are recordings, messages or witnesses that allow us to reconstruct what happened. This evidence must be retained before it disappears, is deleted, or is modified.
Videos recorded by other minors
A videotaped fight can show who hit, whether multiple people were involved, or whether any of the minors tried to leave the confrontation. However, an isolated fragment may not reflect how the conflict began. It is advisable to preserve the original file and avoid cuts or edits.
Dissemination of the fight on WhatsApp or social networks
Subsequent dissemination can widen the conflict and generate additional problems related to the minor’s privacy, harassment or public exposure. The family should keep evidence of such dissemination and avoid contributing to the continued circulation of the content.
Previous conversations
The above messages may show threats, provocations, agreements to meet or attempts to avoid confrontation. Subsequent communications may also be important. The analysis should be done on entire conversations and not just on selected captures.
Fights in schools and institutes
A fight in a high school or a complaint about a fight in a school can lead to both disciplinary proceedings and a criminal investigation. The school may have incident reports, cameras, teachers or students who witnessed the events.
A school sanction does not prevent criminal proceedings from taking place if the conduct is sufficiently serious.
Group fights
Group fights between minors require special careful analysis. The presence of an adolescent in the place does not allow for the automatic attribution of all the blows or injuries suffered by the victim.
What happens if several minors are involved?
When several minors hit another, the behavior of each participant must be individualized. There may be a direct perpetrator of certain injuries and other minors with a different intervention or even without criminal liability.
Videos, witnesses and messages are usually essential to differentiate these behaviors. It is not advisable to accept a generic description such as “everyone hit” without analyzing what each adolescent did specifically.
What measures can be imposed?
In the juvenile jurisdiction, adult sentences are not directly applied. Measures such as probation, benefits for the benefit of the community, socio-educational tasks, weekend stay, prohibitions of approach or communication and internment may be imposed in certain cases.
The measure depends on the severity, age, personal and social circumstances and the assessment of the Technical Team. The strategy should be tailored to the particularities of the juvenile jurisdiction and, where necessary, coordinated with our criminal lawyers.
Who pays compensation for injuries?
In addition to the criminal consequences, an assault between adolescents can generate civil liability for the injuries and damages caused. When the responsibility of a minor is accredited, Organic Law 5/2000 contemplates the joint and several liability of the minor with his or her parents, guardians, foster parents or legal or de facto guardians, in the order established by law.
It should also be checked whether there is insurance that fully or partially covers the compensation. The claim may include physical, psychological, and other damages that can be proven.
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What happens if a minor hits another?
If a minor between the ages of 14 and 17 assaults another, juvenile criminal proceedings may be initiated if the facts are criminally relevant. The response will depend on the injuries caused, the form of the aggression and the specific participation of each minor.
Can a fight between minors be reported?
Yes. A fight between minors can be reported when there are blows, injuries, threats or other facts that may constitute a crime. The complaint may lead to police proceedings and an investigation led by the Juvenile Prosecutor’s Office.
What happens if you both hit each other?
The fact that both minors have exchanged blows does not mean that they automatically have the same responsibility. It must be analyzed who initiated the confrontation, if there was a defensive reaction, the proportionality of that reaction and the injuries produced.
What is the value of a video of the fight?
A video can be an important piece of evidence in a fight between teenagers, but it must be analyzed in its entirety and in context. An isolated fragment may not show how the confrontation began or what happened immediately before or after.
What happens if the fight was at school?
A fight in a school or institute can lead to both disciplinary proceedings by the school and a criminal investigation. It is advisable to keep incident reports, communications from the centre, videos, witnesses and medical documentation.
What if several minors participated?
When several adolescents are involved, the behavior of each one must be individualized. Being present does not necessarily equate to participating in the aggression, but the joint action, aid or support provided may have legal significance.
Can a minor be arrested for a fight?
Yes. Depending on the seriousness of the facts and the circumstances, an assault between minors can lead to police custody. In this case, the minor has the specific guarantees provided for in the legislation on minors.
What happens if there are injuries?
The classification will depend on the extent of the damage and the treatment required. The Penal Code differentiates between injuries that require medical or surgical treatment, minor injuries and blows or mistreatment of work without injury.
Who pays compensation?
If the minor’s responsibility is proven, there may be a claim for the injuries and damages caused. The legislation on minors contemplates the possible civil liability of the minor together with his parents, guardians, foster parents or guardians, and it must also be checked if there is insurance.
What should I do if my child has been reported?
If your child has been reported for a fight, it is advisable to know exactly what is attributed to him, keep videos, messages, medical reports and witnesses and avoid contacting the other family to try to modify the complaint. The statement should be prepared after analyzing the available evidence.
Has your child been involved in a fight or assaulted?
We can analyze the facts, evidence, and complaint to prepare your defense or assess the relevant claim.
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