Felonious Assault or Assault & Battery?

Question

My friend has never met either one…

2 ppl, 1 male, 1 female, assaulted my friend, while he was at a public beach. The male came up started arguing with him and shoved him hard in the chest almost knocking him over, wanting him to fight back, but he didn’t. He accused my friend of sleeping with his on again-off again girl friend, which he didn’t; they only have a work relationship. Once he mentioned the word ‘assault’, the guy backed off.

He started to walk away and the female ran up to him and as he turned around was punched in the left side of his face (sucker punch). He required 2 stitches.

(both have previous assault charges against them)

Before they left, the male threatened my friend saying this was not over and the next time he saw him he was going to kick his a*s. The police were called report was made and charges filed on both of them.

What are the chances of getting one or both prosecuted for Assault & Battery?

Can he also sue? My friend is thinking he was setup.

Answer 1

A lot of it depends on the facts and what actually transpired. Based solely on your posting it appears assault and battery charges would be filed and they would potentially be prosecuted.

In regard to suing yes he could sue the individuals for the attack but since his injuries were fairly minor the most he could probably do is file a claim in small claims court. An easier way is to contact the police with the case reference number, submit his medical bills, and the total amount of any wages lost. If they are arrested and are found guilty then they would be most likely ordered to pay restitution. The best thing your friend could do is contact a lawyer to discuss his options.