The law doesn't condone torture, even among minors. Therefore, your child can get arrested for torturing their peers. However, some people mistake bullying and other physical activities for torture. As such, someone can wrongly accuse your kid of torture, and they may get punished for a crime they didn't commit. You should consider hiring a criminal defense attorney when faced with such a situation. Here's what you need to know about these charges, their consequences, and the possible defenses.
Torture victims are supposed to report the crime to law enforcement as soon as possible. Then, the police will initiate an investigation and arrest the wrongdoer. Afterward, they will prosecute the perpetrator in court to answer torture charges. Usually, children arrested while torturing their peers face charges similar to those of adults.
In addition, they could face punishment if convicted. In this case, the law assumes that a child capable of torturing others thinks like an adult and deserves punishment. So the court can sentence such a kid to a few months in prison. Luckily, you can negotiate a less severe punishment for your child through the help of an attorney. They will argue that the little one did not intend to harm the plaintiff.
Possible Outcomes in Court
Judges rely on the evidence presented in court and the complainant's testimony when making their judgment. Therefore, if the prosecuting officer has incriminating evidence against your minor, there is a possibility that they might face a maximum sentence. However, the judge will mostly consider whether there were malicious reasons behind the torture. They will determine whether your child was torturing their peer for revenge, extorting something from them, or just wanting to hurt them. If the child is found to have criminal intent, the court might hand them a severe punishment.
It is essential to seek the legal assistance of a criminal defense attorney when faced with such a situation. They will raise different arguments in court to prove that there was no intent to cause serious bodily harm to the complainant. Besides that, they can present your child's records to prove that they have never been arrested for torture. That way, you have a ground to request the judge to be lenient with your minor when delivering their judgment.
Torture charges are usually serious, and they can make your child face serious consequences when charged. Therefore, hiring a criminal lawyer to defend your child in court is critical. They will build a strong defense to prove that your minor does not deserve to get a harsh judgment for the crime.Share