Bedford, NH asked in Criminal Law for New Hampshire

Q: Can you have someone arrested for assaulting you if the police refuses to charge that person?

my son was assaulted and the police said that they will not arrest the person because he was defending his property. My son is intellectually disabled and he was choked, punched in the face and head. He had a black eye, bump on the back of his head, his neck hurt, a bruised shoulder and wasn't able to lift his head up for several hours.

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1 Lawyer Answer

A: The state brings criminal cases. A private person may not being a criminal case. Police and prosecutors have a lot of discretion in deciding whether to bring charges or not.

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