Legal Question in Criminal Law in New York

Re: civil law suit

Let me "re-phrase" and answer your question:

Yes. Even though there is a criminal prosecution, you still have the right to file a civil lawsuit against the person who assaulted your son.

However, depending on your son's age, it may be that it is HE, not you, who has the necessary "standing" to pursue such a lawsuit.

An additional aspect to put in the back of your mind: If the perpetrator pleads guilty to an assault, that admission may be used against him in your civil lawsuit. On the other hand, if the perpetrator goes to trial and is found guilty by a jury, *that* finding, itself, will not be available to use against him in the civil lawsuit.

As a general rule, civil lawsuits such as this are handled by attorneys and pursued with the goal of receiving $$ for the injuries, etc. - - don't be surprised if you hear from one or more attorneys that they aren't interested in the case .... IF the perpetrator has no assets.

Regards, etc.,

J.M. Hayes>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<