Assault can happen in all kinds of situations, from a drunken bar fight to a malicious incident during a sports game. Assault charges are criminal charges. The officers question both of them and ask Adam if he would like to press charges against John for assaulting him. Then, go to the police department or call them and give them the information you collected. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. That doesn't mean that your best course of action is just to throw the report away, though. A person becomes charged with a crime after a citizen reports a crime or a member of law enforcement witnesses a crime. % of people told us that this article helped them. There’s a better option out there! by a citizen's arrest), especially when it's a felony, and. These crimes typically involve the use of a weapon and result in serious injury to the victim. Pick another answer! The 911 call will also initiate an investigatory process on the part of police. Speak to someone who can help within 30 minutes* CALL 24/7 MANNED PHONE LINE MAKE AN ENQUIRY. ... the neighbors informed the officers that arguments happen between John and Adam frequently, and John provided … Marijuana: Recreational, Grow, & Medical Laws By State 2020, Criminal Procedure (Criminal Procedure and the Constitution). (This incident occurred on the workplace.) ", "There was a police report filed. Close! In other criminal statutes, assault is defined as actually causing such an injury with the intent to cause physical injury. But that's totally separate from a restraining order, which prevents certain behavior by your assailant as it pertains to you specifically. A female co-worker used a racial and slapped me; i slapped her back. How Do You Look up License Plate Numbers? Resisting arrest if that person is a police officer who is arresting you, which is illegal, even if you're innocent. in self-defense), Leaving after you clearly did something illegal (e.g. Assaults are usually categorised by the injuries caused. If the assault was witnessed by a third party, and that third party is willing to testify, yes. Gather potential witnesses. If this is the case, the individual will then have to pay for the damage done, as well as any necessary fines. If there were witnesses to your assault, contact them as soon as you can. Try again! The prosecutor or the state actually press charges for assault. Can a family member press charges if they witness someone violating a restraining order? From there, the prosecutor or district attorney will decide whether to charge anyone with a crime. If you are in the process of being arrested, and you resist, even with words or pushing back; you can be charged with Assault with Intent to Resist Arrest. Individuals do not press charges, nor do police. When charges are pressed, the accused person may have to go to trial. Yes, although the repercussions would not be as severe as actual bodily harm for the assailant. After all, some assaults take place when there are no witnesses around at all. You ask how long before witnesses are contacted. How to Have Assault Charges Dropped; ... Day; How to Get Domestic Violence Charges Dropped; After you file a report with the police department, the decision to press charges is often out of your hands. Later, if you do press charges, those emergency calls can be used by prosecutors as evidence of what happened to you. X However, they need to be able to recall things in their own words, and seeing your police report could interfere with their ability to do that. Please help us continue to provide you with our trusted how-to guides and videos for free by whitelisting wikiHow on your ad blocker. 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