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.
Wiki User
∙ 2006-04-13 19:23:52Yes - 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)
An assault committed upon your 'significant other' is Domestic Violence. The likliehood of that being dropped is slim to none.
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.
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...
Second Degree Assault IS the charge.
The police or the victim are the only people who can press charges in an assault case.