Woman assaulted me in parking lot, can I press charge?

[Bosbos]

Massachusetts.
A woman’s adult daughter sprayed party foam on me in a store. The mother had a bad attitude about it so I swore at her once as I was exiting the store. She chased me to the parking lot, screamed at me, threw my purchased item onto the ground, and made racist comments. She threatened to hurt me and chased me around my shopping cart. I feared for my safety and went back to the store front and she followed. Store surveillance camera captured her being aggressive towards me. Her daughter came out from the store and they pushed me back to the parking lot. The daughter sprayed party foam at me again. A bystander of that woman’s race told her to call 911 on me for swearing at her. I started recording her with my phone. After getting off the phone she walked towards me and pointed her camera at my face and screamed more, then hit me with her hand and phone. I was hit on the forehead but was not injured. My phone captured this and her racist language. The cop came and asked if I wanted to bring it to court, I said yes. Can I press charge for assault and battery? What do I need to do and what fee am I responsible for?

 

[Zigner]

It sounds like the police are already charging the other party.

 

[quincy]

Massachusetts.
A woman’s adult daughter sprayed party foam on me in a store. The mother had a bad attitude about it so I swore at her once as I was exiting the store. She chased me to the parking lot, screamed at me, threw my purchased item onto the ground, and made racial comments. She threatened to hurt me and chased me around my shopping cart. I feared for my safety and went back to the store front and she followed. Store surveillance camera captured her being aggressive towards me. Her daughter came out from the store and they pushed me back to the parking lot. The daughter sprayed party foam at me again. A bystander of her own race told her to call 911 on me for swearing at her. I started recording her with my phone. After getting off the phone she walked towards me and pointed her camera at my face and screamed more, then hit me with her hand and phone. I was hit at the forehead but was not injured. My phone captured this and her racist language. The cop came and asked if I wanted to bring it to court, I said yes. Can I press charge for assault and battery? What do I need to do and what fee am I responsible for?

You cannot "press charges." You can only file a complaint and the police and prosecutor take it from there.

It will be up to the State to pursue the appropriate charges against the woman and her daughter.

The woman can also file a complaint against you. The police will determine if there can be charges filed against you, as well.

I am glad no one was seriously injured.

 

[adjusterjack]

The cop came and asked if I wanted to bring it to court, I said yes. Can I press charge for assault and battery? What do I need to do and what fee am I responsible for?

Start by following up with the local prosecutor. Might already be taken care of.

 

[quincy]

As an additional note: There should be no "fee" to you if criminal charges are pursued by the State.

If, on the other hand, you were to file a civil action against her, you would take care of the costs involved in that (not that I see any lawsuit worth pursuing).

 

[Bosbos]

Thanks for the response. I am a little confused about the procedure. After I told the police officer that I wanted to bring it to court (not entirely sure what it means), he said both parties would receive something in the mail, and we would go to court to face the judge. There was court fee I need to pay. So does that mean I would need to provide evidence and convince the judge the other party is guilty? I have a phone video showing she hit me once but she didn’t hit me hard and I wasn’t injured. And the store video showing she yelled at me and approached me while I tried to avoid her. No video captured her chasing me and throwing my belongings. What is the possible penalty for her action?

 

[xylene]

This sounds like a traumatic experience. I'm sorry

You indicate the court process is confusing - it is tough, and the prodedures are specific and leave little room for beginner error.

You should consult with a private attorney for case and venue specific advice, or possibly retain them to represent you.

 

[Bosbos]

You cannot "press charges." You can only file a complaint and the police and prosecutor take it from there.

It will be up to the State to pursue the appropriate charges against the woman and her daughter.

The woman can also file a complaint against you. The police will determine if there can be charges filed against you, as well.

I am glad no one was seriously injured.

Is filing a complaint the same as bringing it to court? The police officer asked if I wanted to bring it to court and I said yes.

The only thing I did to that woman was swearing at her one time. She called the police saying I called her a b****. I would be surprised if police charge someone for swearing.

 

[Shadowbunny]

Is filing a complaint the same as bringing it to court? The police officer asked if I wanted to bring it to court and I said yes.

The only thing I did to that woman was swearing at her one time. She called the police saying I called her a b****.

There are two different paths, and I think you may be confused as to your options.

1) If you want to file a criminal complaint, you would do that through the police department. So call or go down to the police precinct in the area that the incident happened and talk to the front desk person. He or she will be able to tell you how to file a formal criminal complaint.

Or

2) if you want to file a civil complaint, you'd then want to file (or hire an attorney to file) a complaint. You can find out more about that here: https://www.mass.gov/representing-yourself-in-a-civil-case

 

[Mass_Shyster]

Thanks for the response. I am a little confused about the procedure. After I told the police officer that I wanted to bring it to court (not entirely sure what it means), he said both parties would receive something in the mail, and we would go to court to face the judge. There was court fee I need to pay. So does that mean I would need to provide evidence and convince the judge the other party is guilty? I have a phone video showing she hit me once but she didn’t hit me hard and I wasn’t injured. And the store video showing she yelled at me and approached me while I tried to avoid her. No video captured her chasing me and throwing my belongings. What is the possible penalty for her action?

It sounds like you'll both be charged if the officer said you would receive something in the mail. You may receive a summons for an arraignment, or you may receive notice of a clerk's "show cause" hearing. I'm not sure what you mean by "There was court fee I need to pay".

If you get a summons for arraignment, show up at court on the appointed day and head to the probation office. There you'll do an intake to see if you qualify for a court appointed lawyer. If you do, there will be a fee, probably $150. That's called a Bar Advocate fee, although it doesn't go to the bar advocate. It goes to the court.

You are not entitled to a court appointed lawyer for a clerk's hearing, although you can bring your own.

In my experience, unless she is on probation for something, she will not go to jail for this, even if convicted. Probation is the likely punishment.

If there are cross complaints, where you allege she assaulted you, and she alleges that you assaulted her, you will most likely agree to dismiss in exchange for a dismissal.

As of right now, you don't know what she told the police. I suspect she said that you assaulted her, which is why the police said you would both received something in the mail

 

[Bosbos]

There are two different paths, and I think you may be confused as to your options.

1) If you want to file a criminal complaint, you would do that through the police department. So call or go down to the police precinct in the area that the incident happened and talk to the front desk person. He or she will be able to tell you how to file a formal criminal complaint.

Or

2) if you want to file a civil complaint, you'd then want to file (or hire an attorney to file) a complaint. You can find out more about that here: https://www.mass.gov/representing-yourself-in-a-civil-case

Thank you. The link is helpful.

 

[Shadowbunny]

Thanks for the thanks, Bosbos. Good luck.

 

[quincy]

I agree with Stevef that it sounds as if both you and the woman may be facing charges in the incident. Possibly disorderly conduct for you (first offense up to $150 fine).

Once you receive the notice/summons in the mail, you might want to speak to a lawyer in your area.

Good luck.

 

[Bosbos]

It sounds like you'll both be charged if the officer said you would receive something in the mail. You may receive a summons for an arraignment, or you may receive notice of a clerk's "show cause" hearing. I'm not sure what you mean by "There was court fee I need to pay".

If you get a summons for arraignment, show up at court on the appointed day and head to the probation office. There you'll do an intake to see if you qualify for a court appointed lawyer. If you do, there will be a fee, probably $150. That's called a Bar Advocate fee, although it doesn't go to the bar advocate. It goes to the court.

You are not entitled to a court appointed lawyer for a clerk's hearing, although you can bring your own.

In my experience, unless she is on probation for something, she will not go to jail for this, even if convicted. Probation is the likely punishment.

If there are cross complaints, where you allege she assaulted you, and she alleges that you assaulted her, you will most likely agree to dismiss in exchange for a dismissal.

As of right now, you don't know what she told the police. I suspect she said that you assaulted her, which is why the police said you would both received something in the mail

It sounds like you'll both be charged if the officer said you would receive something in the mail. You may receive a summons for an arraignment, or you may receive notice of a clerk's "show cause" hearing. I'm not sure what you mean by "There was court fee I need to pay".

If you get a summons for arraignment, show up at court on the appointed day and head to the probation office. There you'll do an intake to see if you qualify for a court appointed lawyer. If you do, there will be a fee, probably $150. That's called a Bar Advocate fee, although it doesn't go to the bar advocate. It goes to the court.

You are not entitled to a court appointed lawyer for a clerk's hearing, although you can bring your own.

In my experience, unless she is on probation for something, she will not go to jail for this, even if convicted. Probation is the likely punishment.

If there are cross complaints, where you allege she assaulted you, and she alleges that you assaulted her, you will most likely agree to dismiss in exchange for a dismissal.

As of right now, you don't know what she told the police. I suspect she said that you assaulted her, which is why the police said you would both received something in the mail

The only thing I did to the woman was swearing at her one time. I did not argue with her inside or outside the store. Her adult daughter sprayed foam on me and walked away laughing. The mother turned her back to me. No one apologized. I removed the foam and asked what it was. The mother responded, it’s not chemical you won’t die. I said this is rude and stopped talking to her. She kept saying you won’t die. I was pissed so when I saw her again as I was leaving the store I swore at her. She immediately chased me and started assaulting me. She called the police saying I called her a b****. I would be surprised if they charge me for swearing at her.

I said there is a court fee I need to pay, that was because after I showed the video clip of her hitting me, the officer asked if I wanted to bring it to court. I didn’t think much and said yes. He said he would write up a police report and we would both receive something in mail and go to court, and he added he wasn’t sure how much the court fee was. So I assume I would need to pay for court fee if I wanted to bring it to court.

 

[Bosbos]

I agree with Stevef that it sounds as if both you and the woman may be facing charges in the incident. Possibly disorderly conduct for you (first offense up to $150 fine).

Once you receive the notice/summons in the mail, you might want to speak to a lawyer in your area.

Good luck.

I replied to stevef’s comment. Only thing I did to the woman was swearing at her.