MIAMI (CBS4) – A Barbara Goleman Senior High student, who was stabbed last week by a classmate, has been charged.

Mauricio Padron, 17, was air-rescued to Jackson Memorial Hospital with what proved to be minor wounds. He was released from the hospital the next day. Now he’s been charged with battery and interference of education for his fight with 18 year-old Frank Acosta who was charged with possession of a weapon on school grounds and aggravated battery.

Acosta said the incident began with a verbal confrontation with Padron in the school cafeteria over who would get a carton of orange juice. He said Padron became enraged and was later lying in wait for him in a school stairwell.

“He grabbed me by the neck,” Acosta said. “I couldn’t breathe, and I obviously was concerned for my life.”

Acosta said he reached for a tiny pen knife, scarcely two inches long, that he kept on his key ring.

“I didn’t want to do it, but I thought he was going to kill me,” Acosta said.

Acosta said he knew Padron from seeing him around campus. In his report on the incident, Schools Detective Steven Hadley wrote that video surveillance and witness accounts corroborated that Padron was “clearly the aggressor.”

Acosta’s attorney said it’s not clear that the tiny pen knife Acosta was carrying even qualifies as a weapon.