Legal Question in Criminal Law in Massachusetts

Should we press charges? Assault

My fianc�e and I were walking home from fireworks with a group of friends when a fight broke out. He started to distance himself and me from the fight when a man much larger than he is swung a beer bottle at my fianc�s face. He missed the first time but then smashed it over his head and punched him in the face. This was totally unprovoked, there were many witnesses to back up that my fianc� did nothing to provoke or instigate the attack. He spent the night in the ER with a concussion and is out of work for the day at least.

Should we press charges against the attacker? We now have a hospital bill and at least one day of missed work.

Thanks for your help.


Asked on 7/05/06, 9:07 am

2 Answers from Attorneys

Re: Should we press charges? Assault

If your fianc�e was the victim of an assault, you should report it to the police and consider a claim for lost wages, medical costs and any scarring.

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Answered on 7/05/06, 9:14 am
Martha Kovner Law Offices of Martha J. Kovner

Re: Should we press charges? Assault

You should definitely call the police and have the police take out the charges. If the police do not feel that a crime was committed and you still want charges taken out then you can go in to the court which has jurisdiction over where the crime was committed and take out a private complaint against the individual. The way you describe it in your posting, it sounds to me like Assault and Battery with a Dangerous Weapon would be the appropriate charge. Notify the police and see what they say. I hope that this helps, please feel free to contact me further. Martha Kovner

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Answered on 7/05/06, 10:35 am


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