Legal Question in Criminal Law in Massachusetts

The "aggravated" form of assault and battery you speak of is really assault and batter causing serious bodily injury. The Commonwealth of Massachusetts considers serious bodily injury as the following:

"A bodily injury is �serious� if it results in (a permanent disfigurement) [or] (a loss or impairment of a bodily function, limb or organ) [or] (a substantial risk of death)."

Most likely your injury, allbeit severe, would not qualify. That doesn't really matter though, you're x-boyfriend is already facing a potential penalty of 2 1/2 years in jail. If he had no record prior to this incident he likely would not receive a sentence any harsher than that anyway (and may not get any jail time at all depending on all the circumstances).

Make sure you remian in touch with the DA's office. They will seek your input when considering what type of resolution to reach with this case. If you really want to make sure he's held accountable, keeping in touch with the DA (or their Victim Witness department) is vital. You may also want to consult with an attorney aobut your injuries. If you wait to pursue legal remedies you will probably regret it later.

Good luck to you and sorry for your troubles.

Whether or not you agree to "press charges" is essentially irrelevant in Massachusetts. The DA will likely proceed with prosecution of the case regardless of your wishes. You would be subpoenaed to testify in the case, even if you would have preferred not to "press charges."

As for your serious injuries, however, you certainly appear to have a civil claim against the assailant to compensate for your medical bills, pain and suffering, any permanent injuries, and any lost opportunities (college hockey ice time may or may not apply). If you choose to pursue civil claims against the assailant, you would probably be wise to let the criminal proceeding take its course (and cooperate with the DA in prosecuting), then follow on after resolution of the criminal case with formal civil claims. Having said this, I agree you should not wait to begin preseving and preparing civil claims.

Feel free to contact me directly if you wish to discuss such claims further; without obligation to you.

If I were you, I would contact the police if you have not already done so already. Without knowing all the details, he can be charged with Assault and Battery or assault and battery causing serious personal injury. In any criminal prosecution, a condition of the punishment can be restitution. This would address any out of pocket losses. Also, there is a state fund to compensate victims of violent crimes. I beleive it is administered by the Attorney General's Office. I beleive you would likely qualify if he is convicted. You should also know that you can sue him civilly. However, in a lawsuit, you can only recover money damages. You should ask yourself whether you will be able to collect from him. This depends on what assets he has and his prospects for making money in the future. Lastly, please be aware that there is a statute in Mass. where the victim and a defendant charged with assualt and battery can have the criminal charges dismissed if they reach an accord and satisfaction. Because of this, even if you are only looking for money from him, a criminal charge against him for assualt and battery will put you in a better position to settle with him. If you want to discuss further, please call. 617-426-7400

First thing first... have charges been taken out by the Police/District Attorney's Office?

If so, you may still be able to reach an Accord & Satisfaction in lieu of criminal process (this is allowed in MA for misdemeanors). Waiting for court ordered "Restitution" will take too long, but A&S in advance will work out better for you.

Give me a call if you would like representation. 978.250.4255