Legal Question in Criminal Law in California

Should we file charges?

My 17 year old just got his nose broken as a result of a fight. The fight occurred as a result of an argument with another boy of the same age. My question is whether we should 1) file a police report, 2) press charges, 3) file a lawsuit to recover damages (he will need cosmetic surgery), or 4) forget about it.


Asked on 6/21/07, 3:34 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Should we file charges?

You have not told us nearly enough to properly assess your son's legal position.

Was your son the aggressor? Even if he was, did the other boy overreact? What sort of injuries did the other boy sustain? How did the argument turn into a physical confrontation? How costly is your son's treatment likely to be? Will he have any permanent damage? How much pain has he suffered? Will his treatment be painful? What sort of emotional distress, if any, is he enduring? Does the other boy's family have assets and/or insurance from which to pay a judgment?

You may have a strong case, and there may be grounds to prosecute the other boy. But depending upon the answers to these questions, you may be the ones facing a lawsuit and your son may be the one prosecuted.

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Answered on 6/21/07, 1:31 pm


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