You're right. I'll go further and say that the very concept of defaulting X offense to Y level is flawed as it does not respect context. This is self-serving o

You're right. I'll go further and say that the very concept of defaulting X offense to Y level is flawed as it does not respect context. This is self-serving on the part of the legal system - we often see crimes lawyered down dramatically from automatic jail time to a small fine. It hurts those who are ignorant, can't afford a lawyer, or both. In the case of a special needs student, afflicted by a condition that professionals know can include lashing out physically, there's no damn reason to treat/charge this kid as a felon. Once more, a school should be a nurturing environment aimed at educating, not a stand-in sting operation.