If my 20 year old son who was assaulted by 2 boys (20 and 19) at a house owned by someone else when the parents weren’t home, can we file any charges against them?

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If my 20 year old son who was assaulted by 2 boys (20 and 19) at a house owned by someone else when the parents weren’t home, can we file any charges against them?

Asked on June 9, 2015 under Personal Injury, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Assault and battery are both criminal and civil (lawsuit).  Your son can file criminal charges with the police and also pursue a lawsuit (civil) against the attackers for assault and battery.  The criminal and civil cases are separate.

Assault is intentionally placing one in reasonable apprehension of an immediate battery.  Battery is the actual physical contact (harmful or offensive touching of the person of another without consent or legal privilege).

Your son can file a lawsuit for assault and battery against his attackers and can include a separate cause of action (claim) against the owner(s) of the property for premises liability (the injuries he sustained on the property).


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