QUESTION
Can I press charges on a minor if I am a minor as well?
Asked on Nov 05th, 2014 on Criminal Law - Massachusetts
More details to this question:
Yesterday at school I got beat up. Now my eye is severely bruised and closed shut and it was on school grounds right after school. I was defending my boyfriend because he was already getting beat on, while this girl in my grade tried to jump into the fight, while he was getting chocked out by another person. Therefore I stopped her, and she began punching me in the face repeatedly. I did punch back two times however, it was for defense because I could not see. Also we got rushed to the hospital by ambulance. And my face got cat scans and I have abrasions under my upper lip. I might also have a concussion. Then my boyfriend also has nerve damage in his shoulder and his spine might be broken, and also has a concussion. We live in Massachusetts. I’m 17 and the girl that attacked me was 16. Can I charge her on my own? Because the Department of Children and Families has custody of me and I live with my grandmother as a kinship foster parent.
1 ANSWER
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You should carefully consider your decision to pursue this claim in the criminal courts. It will likely result in a cross complaint against you by the person who was attacking your boyfriend. You can also sue him civilly to seek financial compensation. You really do not want criminal charges brought against you and it is a very likely scenario that if you bring a complaint against him, his lawyer will advise that he do the same against you. You are alleging that you came to the defense of another, which is essentially a defense to an Assault & Battery charge. I would advise my client against initiating that complaint unless you clearly understand and accept that it may very well result in an Assault & Battery charge against you. You may ultimately prevail, but once charged, you will always have the A&B charge on your record, even if it is later dismissed or if you are found Not Guilty.
Answered on Nov 13th, 2014 at 3:06 PM