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Should I press charges on a neighbor for assault if I think that he may in turn press charges against my husband?

Asked over 2 years ago - Weymouth, MA

I live in a townhouse complex, the other night my husband and i witnessed a neighbor assaut his fiancee in their kitchen my husband ran to help the woman and I followed him, other neighbors had also come out to help. My husband managed to calm the man and get him outside where things quickly turned and my husband and this man had words. As we were walking back to our apt. the man started yelling racial remarks to which my husband turned and responded just as I turned around the man came running and pushed me down some stairs and got in an alterction with my husband, all of this resulted in trips to the ER for both me & the man that night and my husband the next day. The man is not pressing charges and I am afraid if I do he will change his mind. I feel my husband acted in self defense?

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Attorney answers (2)

Kevin Gaughen Jr.

Reputation Level 9

Answered over 2 years ago. Litigation Lawyer in Weymouth, MA.

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Self Defense is a defense used at trial. That means that charges may issue against your husband and he would have to defend himself. Once charges issue and the person is arraigned the charge remains on that persons record forever.
For $15 and a sworn affidavit alleging a crime any person may file for a complaint in district court seeking criminal charges. You should speak with an attorney before filing any charges or making any statements under oath, especially if those statements may incrimnate yourself.

Kevin Gaughen Jr

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Nicolas A. Gordon

Reputation Level 11

Answered over 2 years ago. Criminal Defense Attorney in Mansfield, MA.

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Attorney Gaughen answered your question beautifully and I agree with him whole-heartedly. I write only to add that you should conduct a cost-benefit analysis. If the potential cost of seeking a criminal complaint against this man is the potential for your husband having to defend himself against a complaint, then you must ask yourself whether the potential benefit outweighs that cost. So, what is the benefit? Do you have uninsured medical expenses? Is it just a matter of you wanting justice for what happened? Perhaps you want to make sure he doesn't assault his fiancee in the future. If so, there are ways to approach this that can address these goals and minimize your exposure. That is why I also recommend that you speak with an attorney.

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