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Battery / Assault in Boston

Battery / Assault is most often thought of as a criminal law issue, but if you have been the victim of a battery or assault you may also have a personal injury case. In personal injury cases, battery and assault are known as "intentional torts."

The elements of the intentional torts of battery and assault are generally the same as the elements of the crimes battery and assault, but the required intent is different and the burden of proof necessary to find a defendant guilty is lower in a personal injury case. A Boston Personal Injury lawyer can help you understand the differences and protect your rights.


Recently in Battery / Assault in Boston:

Rabbi Stanley Z. Levitt Sex Abuse, Guilty Plea Likely

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A former Boston area religious leader, Rabbi Stanley Z. Levitt, will likely plea guilty to sex abuse charges stemming from his alleged molestation of three boys in the 1970's, reports the Boston Globe.

Rabbi Stanley Z. Levitt's sex abuse allegations come from former students at the exclusive orthodox day-school Maimonides School in Brookline, reported the Jewish Exponent.

Harvard Indecent Assault: Bradley J. Spencer Charged

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A Harvard student, Bradley J. Spencer, was charged for assault on a woman on the Red Line, reports the Boston Globe.

Spencer was arraigned on one count of indecent assault and battery after a woman from Cambridge alleged that a man assaulted her below the waist and then got off the train at Park Street. On Monday, he plead not guilty to the charges.

More Red Sox Donald Fitzpatrick Sexual Assault Allegations

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Donald Fitzpatrick, the former Boston Red Sox Clubhouse Manager, may have passed away, but his sexual molestation of boys during his tenure with the Red Sox is still haunting the team. This time, the Red Sox Donald Fitzpatrick sexual assault claims come from a pair of Florida men that are seeking $5 million each in damages, reports the New York Post.

One of the men that has come forward, Charles Crawford, alleges that the molestation happened not only at Sox spring training in Florida, but also inside a bathroom of the storied Fenway Park.

Andover School Bullying Stopped by Administrators

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Schools across the country are being sued for bullying and hazing. While bullying has happened for many years, it seems that the media has placed a greater spotlight on the dangers of bullying and the psychological and physical effects on the victims.

In an effort to stop bullying, the Andover school system took affirmative action and disciplined nine members of the basketball team for participating in these activities. For the Andover school bullying, some students were expelled and others were suspended, reports The Boston Globe.

How to Choose a Safe Halloween Costume for Kids

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Halloween is only a week away and your children are probably scrambling to find the right scary costume. While costumes are meant to provide a scare, Halloween trick or treating should not be frightening. Halloween safety for kids can include many things, one of which is finding the right costume for your children.

The first thing you should consider is choosing a costume that is easily visible at night. Children often trick or treat after the sun has set, and you want to make sure that motorists can see your children who may be crossing the street at night.

Esplanade Assaults and Jogging Safety

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Boston University is a big and crowded school. And one of the best ways to escape, if even for a few minutes, is to cross the pedestrian overpass and take a run along the Esplanade. For several miles, students and locals can run along the Charles River and see sites like the Hatch Shell.

But as Boston police have still not apprehended the man believed to be behind several Esplanade assaults, officials from several law enforcement agencies have teamed up to offer jogging safety tips to college students new to the area.

Priest Sex Abuse List Revealed -- At Least Partly

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Cardinal Sean O'Malley of the Boston Archdiocese will reveal a priest sex abuse list. The list will include the names of 159 clergy members who have been accused of sexually abusing children. However, not everyone was happy with the extent of the list, as O'Malley was criticized for omitting dozens of names from religious orders, other dioceses, and those priests who left the priesthood.

The list includs priests with allegations of abuse that reach back to as much as 70 years ago. It is an attempt by the Cardinal to assure parishioners that the Church is safe and doing all it can to protect children from abusive clergy, reports The Boston Globe.

Elbert Foster, a former Weymouth High School substitute teacher, is not going to be charged with assault and battery for allegedly hitting a student during a fight. A judge ruled that there was insufficient probable cause to criminally charge Foster reports The Patriot Ledger. Basically, the judge found the facts and circumstances surrounding the fight to not warrant criminal charges.

In February, Foster was accused of hitting his student, 14-year old Carl Morcy, during a fight in Foster’s math class. According to the Ledger, Foster kicked Morcy out of class for being disruptive. Morcy’s refusal to leave the classroom led to a physical fight between the two. Foster claims that Morcy hit him first and defends his actions stating that, “I do think a teacher has a right to defend himself when he’s pushed beyond his limits or attacked in certain situations.”

As some Boston locals may have heard, a passenger on the #86 bus allegedly attacked 24-year-old rookie T bus driver Sharina Byrd of Dorchestor in an attempt to crash the vehicle into oncoming traffic close to the intersection of Chestnut Hill and Commonwealth Avenue.

But the Boston Herald reported that Byrd was able to prevent the potentially fatal bus accident by immediately applying the emergency break after the suspect, 52-year-old Donald Lyons, supposedly reached over and grabbed Byrd's neck and the steering wheel.

The bus initially began swerving into approaching traffic when Lyons tried to take the wheel, but it came to a sudden stop after Byrd pulled the emergency break.

In the bullying case involving 15-year-old victim Phoebe Prince, The Boston Globe reported that a judge recently sentenced two of the six teens who were charged in connection with her death to one year of probation.

As many Boston residents may have heard, Prince committed suicide in January 2010, hanging herself at her family's South Hadley home after some of her classmates bullied her. Eighteen-year-olds Sean Mulveyhill and Kayla Narey were among those who were charged in Prince's death.