If the assault took place in the presence of witnesses, contact those witnesses as soon as possible after the assault. However, being physically injured for anything else is the perpetrator's fault and, more importantly, illegal. Either way, an assault is a serious offense in the eyes of the law, and pressing charges against an individual or group of people is an effective way to begin the process of finding justice, closure, and peace. Battery – Battery is when an aggressor follows through with physically harming someone. by a citizen's arrest), especially when it's a felony, and. How can I find out if someone pressed changes on me? Pick another answer! Nope! I am a male. It is important to do this as soon as possible after the assault so that it is easier to track down the witnesses and so that the incident is fresh in their memories. When an assault happens, some people are afraid to file charges on their assailants for fear of retribution. Yes, although the repercussions would not be as severe as actual bodily harm for the assailant. Whatever your story we assume that if you are reading this you have recently been charged with assault in Canada or you know someone who has been charged with assault. You can't press any charges, it does not work that way in California. Civil assaults are usually remedied by the … Close! Marijuana: Recreational, Grow, & Medical Laws By State 2020, Criminal Procedure (Criminal Procedure and the Constitution). The statute of limitations for criminal charges could depend on the crime charged as a misdemeanor or a felony. From there, the prosecutor or district attorney will decide whether to charge anyone with a crime. Proving a civil wrong requires less proof than pursuing a criminal assault. If there were witnesses to your assault, contact them as soon as you can. Research source Depending on the circumstances of your assault, you may or may not want to seek a restraining order against your assailant. Report it. Depending on the behavior that led to the restraining order, the order may prohibit your assailant from contacting you online, over the phone, etc. You can also be arrested without a warrant if the police catch you in the act of assaulting … There also must be some sort of harm involved, whether it is physical harm or the fear of physical harm. Suing Your Landlord: How, When, Why, & Should You Bother? In most US jurisdictions, if you respond with an equal amount of force as that presented to you, and do not continue after the threat has passed, you may avail yourself of the affirmative defense of self-defense if any criminal assault charges are pressed against you. (This incident occurred on the workplace.) Guess again! To learn more, here’s a look at how long do you have to file a police report. Aggravated Assault – Aggravated assault, on the other hand, is more involved than simple assault. Unless you are defending yourself to protect yourself against an attack from someone else, then you will get charged with assault or battery. But many people have the false impressing that anyone can press charges. After assault charges are pressed, one of two things can occur. Read on for another quiz question. By using this service, some information may be shared with YouTube. Can you file a civil complaint against a public office? An assault or an attack of a physical or mental nature can be classified either as a civil misdemeanour or a criminal charge, depending on the nature of the offense. Thanks to all authors for creating a page that has been read 407,678 times. Assault can happen in all kinds of situations, from a drunken bar fight to a malicious incident during a sports game. After police officers obtain the details that they need from the victims, they will then issue the victim’s copies of the reports that they filed. And while they naturally overlap, there is a difference between the two when it comes to specific charges that can be filed against a person. What happens now? In the most typical scenario, a crime victim contacts the police. Are you the victim of an assault? in self-defense), Leaving after you clearly did something illegal (e.g. Sometimes, the witness might not be contacted at all!! The prosecutor will then review the information provided and determine whether to prosecute or not. The police will have the report on file, so their copy can be used for all official matters. If the person files an answer to the complaint, then you have to prove your case in civil court. what happens after you press charges for assault? For whatever reason, if you are not physically able to visit the police station, you may call them over the phone. Gather potential witnesses. The Law Dictionary is not a law firm and this page should not be interpreted as creating an attorney-client or legal adviser relationship. and The Law Dictionary, About| Terms | Privacy | Legal Questions. If you do apply for a restraining order, though, you should contact potential witnesses to your assault well before the point where you apply. - Duration: 0:52. Law enforcement then either arrest or cites the person and then law enforcement forwards a report the district attorney in the … Before filing a report, she told me that her friend … In the real world, if the police suspect a crime has occured, they will fully investigate it, and will not hesitate to take suspects into custody, even if the victim makes it clear that he or she does not want to press charges. This is the most basic type of assault charge in Canada, and, at this level, can be prosecuted in two ways. File charges as if the assailant were a regular civilian and allow the police to handle it accordingly. The police come to the scene or meet with the victim and ask for information. You can request to have the case dropped through the original reporting agency. If you believe you have been the victim of assault, you may consider pressing charges against your assailant(s). After all, some assaults take place when there are no witnesses around at all. This article was co-authored by Clinton M. Sandvick, JD, PhD. Pick another answer! Assault is defined as “making another person reasonably apprehend an imminent harmful or offensive contact” with “the intent to cause physical injury”. A lot of times you will hear the terms “assault” and “battery” used interchangeably. You won't need to provide it for evidence or anything, because the police will have their own identical copy of the report. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. Hope this helps. However, when filing assault charges, people may also seek to obtain orders of protection from the court as well, which are, essentially, restraining orders that if violated will result in the arrest of the assailant. What Happens if You Are Charged with Assault? If someone is charged with simple assault as a summary conviction, this is the less severe of the two charges, and can actually be processed directly by a judge with no need for a jury or a jail sentence. % of people told us that this article helped them. Victims who have been harmed by an aggressor in an assault should hire a personal injury lawyer. What if the person committing the assault is a member of the military? Both charges can lead to incarceration of the accused if he or she is found guilty; therefore, it is advisable to seek legal advice from an experienced criminal … Usually it's charged together with battery, which means you did hit somebody. This article has been viewed 407,678 times. All you have to do to kickstart the process is express that you want to press charges. Now, when I look. They might take their time and someone might not contact a victim for weeks or even months. A person becomes charged with a crime after a citizen reports a crime or a member of law enforcement witnesses a crime. By using our site, you agree to our. Keep in mind, in instances where people are assaulted but police officers were not called on the scene or did not arrive on the scene in time, people can still press charges against their assailants by following the appropriate channels. Yes, hitting you is assault. Assault charges are criminal charges. When should you contact potential witnesses? By definition, an assault occurs when one person commits actions that put another person in a situation where he or she can reasonably fear that he or she will be physically harmed. If you're facing assault charges, it means you acted in such a way that someone believed, or was afraid, that you were about to hit them. X The amount of time you have to press charges for an assault depends on your state’s statute of limitations, which typically ranges from a couple of years to six years. Whether you’ve seen an assault happen or experienced it firsthand, it is extremely important to know what your options are. The aggressor must have the intention of hurting the victim, regardless of whether they do or not. Read on for another quiz question. Simple Assault. She filed a police report even though the incident was about 2 months ago. A warrant will be issued for your arrest if the police have sufficient evidence for a prosecutor to convince a judge that you are guilty of assault. ... the neighbors informed the officers that arguments happen between John and Adam frequently, and John provided … Can someone press assault charges if they assualted you first? "I now have a better understanding of what happens when charges are pressed. This article has been viewed 407,678 times. You ask how long before witnesses are contacted. When being tried in court, the crime is normally classified as a felony depending on the harm. If you can identify the assailant, the police will take the complaint to the prosecutor's office who will decide if there is enough evidence to prosecute. It's never too late. This is known as the Crime Victim Compensation, which is intended to help with expenses accrued from medical bills, therapy, lost income, and funerals. From there, the authorities will request follow-up information from you in order to accurately fill out the assault report. Assaults are usually categorised by the injuries caused. What Is the Difference Between an Indictment and a Charge? Your article helped me a, "The most helpful part was the clarity of the steps to be taken once you have been assaulted. X To ensure you get the best care possible, the National Sexual Assault Hotline at (800) 656-HOPE (4673) will direct you to a facility that can provide you with the services you need. First, an individual may agree to the charges. Absolutely! The sooner you press charges for the assault, the better the investigation will be. We use cookies to make wikiHow great. You can absolutely file a police report without the corroboration of witnesses. ". Once you report that someone has assaulted you or damaged your property you become known as the ‘complainant’. Adam says he does not want to press charges, without any hesitation. 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