By being able to show that it was not you who committed the assault, or that if you WERE involved in a physical altercation, that you did not initiate it and were only responding with self-defense.
Yes - they are not automatically instated unless the assaulted person initiates the charges.
state can pick up the charge if they want.
They can try. Without your cooperation it may not get far.Added: FIrst of all, INDIVIDUALS can NOT PRESS CHARGES! They can only file complaints with law enforcement. Then the prosecutor's office PRESSES charges. It may also depend greatly on just what type of "Assault" the question is referring to. (SIMPLE Assault - ASSAULT and Battery - SEXUAL Assault???)
YOU CAN BE RESENTENCED ON THE ORIGINAL CHARGE, PLUS TIME FROM ASSAULT!
A prosecutor can't add any more charges than you have committed.You may have commited more crimes than simple assualt whilst commiting the crime, eg affray(basically assault in a public place)
An assault committed upon your 'significant other' is Domestic Violence. The likliehood of that being dropped is slim to none.
No. Simple assault is a crime. There is probably a mirror tort (assault) for which you can make a civil action.
If your defense is that they are false you will have to counter their charges and testimony. Remember, under our system of law, you don't have to prove that you are innocent, they have to prove that you are guilty.
The police or the victim are the only people who can press charges in an assault case.
If you are not being represented by an attorney, you simply go to the courthouse and tell them you want the charges dropped. There should not be any fees involved with this.
Yes there is a limitation. Depending on the specific severity of the charges, it could be 12 months to 15 years in Tennessee.
It depends on the type of assault (Simple - Sexual - Battery - Weapon - etc) and the age of the minor. Assault is 'assault' no matter the age of the victim but it can be enhanced by additional charges of cruelty to a minor - or similar type charge.