Legal Question in Criminal Law in New York
Hello,
At a recent birthday party, my drunken friend and another drunken party 'patron' were getting in to a tussle over absolutely nothing. I, who was also under the influence of alcohol, tried to step in and separate the fight. Before I could even get in between the the two, the party patron's brother comes up behind me, throws me to the ground, and punches me 3-4 times. This caused my 2 upper front teeth to be chipped, a bruised nose, and a swollen black eye on the right side of my face. He then proceeded to jump into the fight and started drop kicking both his own brother as well as my friend. I don't have medical insurance of any kind and I don't know the full name of the man that hit me.
I'm here to ask what kind of legal action I can take towards this man. I also would like to know if there is any kind of possibility of me getting kicked out of the house I'm living in due to the legal action I'm looking to take. This is due to the fact that the guy who hit me is the current boyfriend of the owner of the house that I live at. She has made it clear she doesn't want any names given to police for this mans protection, which shows me she is siding with him, for whatever reason. He was supposedly 100% sober that night, as well. He has said that he will pay for my teeth to get fixed, but no action has been taken from what I can tell.
Any help would be much appreciated. I just want my smile back.
Thank you for your time.
1 Answer from Attorneys
Since the police to appear not to have been involved, there are probably no criminal charges pending against this person. You can go to the precinct and swear out a complaint for assault and then the police will investigate.
As far as you still living in the house, your landlady has stated that she doesn't want you to call the police. However, she needs an actual reason to evict you, check your lease for reasons for eviction. You could sue him for the tort of assault and possibly get damages so it might be wise for you to contact an attorney as soon as possible.
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