I have a friend (A) that was in a fist fight with another boy (B). B attacked A first, and A fought back. B ended up breaking two bones in his leg and tearing a ligament. He now wants to press charges against A. Neither had a weapon. Under Massachusetts law, could A be in trouble legally? -- Molly, Wellesley

I forwarded your question to attorney J.W. Carney (of Carney & Bassil in Boston) and received this informative response:

There is a saying among criminal defense lawyers that we represent the winner of the fight, no matter who started it. This is because the person who suffers the greater injuries during mutual combat is automatically considered “the victim.” The law of self-defense is involved here, and it has important limits. For example, under Massachusetts law, if B attacks A, A may defend himself, but A cannot assault B unless retreat is not an option for A. Moreover, A cannot use excessive force in defending himself, or he commits a criminal assault on B.

A’s best approach is to retain defense counsel and apply for a criminal complaint against B under the theory that the best defense (to a possible criminal charge against A) is a good offense. If B agrees not to file a charge against A in return, A can withdraw the application for a criminal complaint. If B instead files an application against A (which is known as a “cross-complaint”), the applications go forward, and the result of a clerk’s hearing may be that both A and B are charged, or that neither A or B is charged; however, it is unlikely in this scenario that only A would be charged, which is the worst outcome for him at the start of the criminal proceedings. Good luck. (Submitted by J.W. Carney of Carney & Bassil of Boston)

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