If you did it and others witnessed it, you need to plea bargain out. If you didn't do it, plead not guilty. * I agree with 1st answer: not enough info. What state? What is that state's definition of "simple assault"? I assume that you are the defendant in a criminal case, but perhaps you are a defendant in a civil case. * The victim files a complaint with the police department that has jurisdiction in the matter. The complaint will be investigated, the assailant arrested and charged if it is warranted. When a person is charged with a crime it is the responsibility of the prosecutor's office to make the decision if the case should be taken to trial. A person charged with a criminal act they the Constitutional right to legal counsel. The person charged should make no statements until they have been fully apprised of their legal rights under state and federal statutes. If the person cannot afford private counsel a PDA will be assigned by the judge during the arraignment. The individual should never admit or plead guilty, not guilty, Nolo Contendre or agree to a lesser charge without advice from their attorney, nor will the judge allow them to do so. * Again, please provide more info if you want a proper answer to your question. For example, there are significant differences between the previous answer and this one, based (I'm sure) on different jurisdictions. In California it is not necessary for a victim to file a complaint with the police. The police can take action based upon witness statements or upon their own observations. They can forward a report to the prosecutor who can file charges even if the victim does not want to prosecute. Furthermore, the suspect is not always arrested in minor cases. Often, the police have them sign a "promise to appear", instructing them to appear in court about a month later. In California, a defendant has the right to represent himself (if he is sane and intelligent enough to do so). Therefore, he can enter a plea of guilty, not guilty or no contest and the judge must let him do so.
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???)
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.
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)
One can press assault charges for just about anything that occurs to them that they deem "assault". The ability to prove these charges correct or false is most important.
An assault committed upon your 'significant other' is Domestic Violence. The likliehood of that being dropped is slim to none.
Once you have been charged with simple assault, it becomes the People of the State vs. You, and the person (victim) you assaulted can't just drop it, because it is not his/her case anymore - it is the District Attorney's case.
Simple assault is a misdemeanor. Not sure about assault and battery...
The police or the victim are the only people who can press charges in an assault case.
No. Simple assault refers to unarmed assault. Domestic assault refers to an assault directly targeted at someone within the household.
Second Degree Assault IS the charge.
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.
In an assault case, the victim must press charges unless he or she is too injured to communicate.
What is the average Bond for assault and battery charges?
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.
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.
It depends on the state. Some do not allow "assault on assault" charges.
No. Simple assault is a crime. There is probably a mirror tort (assault) for which you can make a civil action.
Yes there is a limitation. Depending on the specific severity of the charges, it could be 12 months to 15 years in Tennessee.
Robbery is a felony - simple assault is a misdemeanor. If both charges arose from the same incident the prosecutor MAY combine the charges and hit you with the felony offense and 'enhance' it to account for the lesser offense. You are probably looking at a felony charge. Since no information is given about the offense, or your a past criminal record, it is impossible to estimate.
there is no such thing as a simple assault
You can but there is a great likely hood that the state or municipality will file charges of domestic assault as well. This is a result of violent offenders coercing their victims to drop charges.
It depends on the type of assault. "Simple" assault can be a misdemeanor, but Assault With a Weapon is a felony.