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, you can sue someone who intentionally hits you for assault and battery. You may be able to seek compensation for any medical expenses, pain and suffering, and other damages resulting from the incident. It is advisable to consult with a lawyer to understand your rights and options.
No, you are not required to press charges if someone takes your car without consent. It is ultimately up to your discretion whether to involve law enforcement or pursue legal action.
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.
Yes, you can report the incident to the police, and they will investigate the matter to determine if charges should be pressed. Choking someone is considered a serious offense and can result in criminal charges being filed against the perpetrator, regardless of their relationship to the victim.
I would suggest doing it immediately. But it really depends on the state. Generally you first file a police report and then you have a year to press charges. Since you are pregnant, the police MAY do it for you, but you usually have to do it yourself.
Yes - they are not automatically instated unless the assaulted person initiates the charges.
The police or the victim are the only people who can press charges in an assault case.
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???)
It is best to press charges immediately after the assault or as soon as possible to ensure that the police report is accurate and that the ruling is in your favor.
No. Simple assault is a crime. There is probably a mirror tort (assault) for which you can make a civil action.
Individuals do NOT "press" charges. Only the state prosecutor can press charges. The most a citizen can can do is REPORT the offense to law enforcement and then let the law take its course.
yes you can because it is known as assult Another View: No, you can't. The offense IS known as ASSAULT, but YOU can not "press charges." Only the prosecutor's office has the power to "press charges." The most you can do is report the assault to law enforcement for their action, or IF this procedure is applicable in your state, appear before a Magistrate and swear out a complaint against the person.
That is a question only YOU can answer.
In a legal context, you can press charges for criminal offenses such as theft, assault, fraud, and other violations of the law.
Yes, you can potentially press charges against someone who throws something at you without your consent, as it may be considered assault or battery depending on the circumstances. It is recommended to report the incident to the authorities and seek legal advice to understand your options.
One way to file assault charges in the state of Virginia is to have police officer come to your home. A person can also visit the local courthouse and press charges there.
yes you can