Legal Question in Criminal Law in Massachusetts

I was at a house party. Myself and another person at this party collided causing his beer to spill on me. Therefore, alcohol was involved in the incident from both parties. This angered me because I thought it was intentional. We had a confrontation at this point where some things were said, and then we were separated. Over the course of the party we had multiple interactions with each other, however none physical, until one time I said something that caused him to react violently and hit me twice in the face. At this point, I grabbed him by the shirt and threw him into the corner, pushing him down multiple times. Another person then came from behind me and put me in a headlock and made me pass out. After I awoke on the floor, I then grabbed my stuff to leave the party and go home. I then saw the kid that initially punched me and I grabbed him by the shirt ("he says i strangled him"), meanwhile he dropped his jacket and sweater and run out the door. I pursued him for approx. 300 ft. Is this considered assault or battery by either party? Is the kid who dropped his jacket and sweater able to sue for the value of his lost belongings?


Asked on 12/15/10, 10:28 am

3 Answers from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Yes, this is assault and battery. Since anybody can sue for anything, yes you can be sued.

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Answered on 12/20/10, 1:11 pm
Dominic Pang The Law Office of Dominic L. Pang

The other guy could also be charged with A&B when he hit you; your pushing him could be self-defense, if you did not use more force than was necessary to defend yourself.

The person who put you in a headlock could also be charged with A&B.

After the initial physical confrontation had ended, your grabbing the other guy would not have been done in self-defense, and would be considered assault and battery.

You could be sued in small claims court for the lost sweater and jacket. The more likely method of the other guy getting money from you for his lost property is through a restitution request appended to any criminal charges you are facing. Of course, to entitle the other guy to restitution, you would either have to plead out or be found guilty after trial.

You should consult with an attorney, as there are many factors that could be absent from an online posting that may effect your case.

Best of luck,

Dominic Pang (617-538-1127)

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Answered on 12/20/10, 2:26 pm
Joseph Murray Joseph M. Murray, Esq.

The events you describe could result in allegations of assault amd battery both in criminal an civil actions by both sides and requests for restitution of all resulting damages.

Consider retaining an attorney to protect your interest . Good Luck!

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Answered on 12/21/10, 1:14 pm


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