Legal Question in Criminal Law in Massachusetts

Kicked in the face

Halloween night i was kicked in the face by my cousins friend. My nose is broken. The attack was unprovoked. What legal action can i take and what can i expect?


Asked on 11/02/08, 11:55 am

3 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: Kicked in the face

I'm sorry for your injury.

You may seek a criminal complaint for assault and battery with a dangerous weapon (a shod foot)through the police and/or the clerk of the district court having juridiction of the town where it occurred.

You may also hire and attorney to file a civil suit for money damages.

You should retain the attorney before doing either if you plan to file a civil action as the outcome of the criminal matter will affect the civil case and should be monitored by your attorney. Good Luck!

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Answered on 11/03/08, 11:16 am
Gregory Casale Gregory Casale Attorney At Law

Re: Kicked in the face

You should contact the police and tell them what happened. They will seek a criminal complaint and he will either be arrested or summonsed into court and he will be arraigned on the criminal complaint. You can also move against him with a civil suit for money damages. A guilty finding on the criminal action will pretty much ensure the civil suit's success. However, even if you get a judgement against him civilly, you may not be able to collect on it unless the person has assets or money available. You should contact an attorney for guidance on both issues since one efects the other. There is a third option that an attorney can explain called Accord & Satisfaction. Contact an attorney as soon as possible.

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Answered on 11/02/08, 12:59 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Kicked in the face

File a report with the local police department ASAP, or contact me tomorrow.

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Answered on 11/02/08, 4:53 pm


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