Assault and Battery question

[labboy999]

What is the name of your state? NH

OK 2 people got into a fight, one 18, one 26. Well not really a fight the 26 year old punched the 18 year old in the face. The parents of the 18 year old want to press charges, but their son doesn't want them to. Can they still press charges against the 26 year old without the 18 year old's consent?

 

[I AM ALWAYS LIABLE]

My response:

No. The 18 year old is an adult, and must be the one who decides whether or not to sue for assault, battery and damages.

There's only one type of scenario where a parent can sue for an adult child - - and, that's when the adult child is an "incompetent" and the court has awarded the parents a "conservatorship" over the adult child.

If that's not the case, then the parents are "out of luck."

IAAL

 

[calatty]

He said "press charges," not sue. In a criminal case, the state, and not the victim, presses charges. The victim does not have to consent and it does not matter how old the victim is. As a practical matter, if it looks like the victim would be unwilling to testify, the state often decides not to press charges.