What can I do if my daughter was severely beat up and no charges were pressed on the attackers? 6 Answers as of October 05, 2011
My daughter was attacked while walking down the street. She is 14. The girls that beat her up had the intent of great bodily harm. They banged her head on the ground and kicked her and socked her. They said they were going to stab her. They were caught, but released due to the fact that my daughter was only bruised up. I was told it was a misdemeanor! I took her to the hospital and she had a concussion. Will this change the dynamics of the charges? One girl was 18 the other 16. We did not know them. Can I see to it that the 18 year old goes to prison and pays for what she has done?Free Case Evaluation by a Local Lawyer!
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Dennis Roberts, a P.C. | Dennis Roberts
It is certainly worth a try. Get all the hospital records including those which show a concussion and bring them to the District Attorney.
Answer Applies to: California
Replied: 10/5/2011
Law Offices of Ramona Hallam | Ramona Hallam
It is up to the District Attorney in your California county whether to press charges. If your daughter's injuries include a concussion, this should help give the District Attorney more fuel to want to charge these girls. You might also bring your daughter to a neurologist to determine if she suffers from traumatic brain injury. This is serious business and an attack like this, especially with head injuries, should not be allowed.
Answer Applies to: California
Replied: 10/5/2011
Law Office of Eric Sterkenburg | Eric Sterkenburg
If you want to have the girls charged criminally you will need to take a copy of the police report and your hospital bills and list of treatments to the district attorney. The district attorney will evaluate the information and evidence and proceed or not based on that information, you could also proceed against the girls in civil court. The parents of the sixteen year old are responsible for the damages to your daughter. The eighteen year old is responsible for her part.
Answer Applies to: California
Replied: 10/5/2011
Law Offices of Matthew Murillo | Matthew Murillo
Just because the other girls were not taken into custody, it does not mean that they won't face any consequences. It certainly sounds like at least a misdemeanor. However, the DA has one year to file misdemeanor charges against an individual. Felony charges are longer. It may be sometime before it happens. The police can only arrest. They have no power to actually press charges or formally charge someone with a crime. They only arrest and recommend filing charges.
Answer Applies to: California
Replied: 10/4/2011
Law Office of Jeff Yeh | Jeff Yeh
Go and file a report with the police.
Answer Applies to: California
Replied: 10/5/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
There are both civil and criminal actions possible. You can provide the cops and if assigned, prosecuting DDA with the new medical reports re the concussion. You can also file a civil law suit against the persons who assaulted your daughter, and their parents if the attackers were minors.
Answer Applies to: California
Replied: 10/5/2011
