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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.

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18y ago
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15y ago

US Answer: Take the facts in the case to your local police or law enforcement agency. Sit down with a representative of the agency and tell them the WHOLE truth (not just the bits you like). They will then interview the other side. Based on the totality of the circumstances, the police will make a determination if the facts available to them meet the definition of a crime in that state. If so, the police begin the process of filing charges. Remember, knowingly making false criminal claims against another is also a crime. You are not expected to be an attorney and so if your statements are made in good faith, there will be no problems. But if one intentionally makes false statements, they can be charged.

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14y ago

Report the assault to law enforcement, they will take it from there.

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Q: You want to press charges on someone for a simple assault what do you do?
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Does someone have to press charges for simple assault in WY?

Yes - they are not automatically instated unless the assaulted person initiates the charges.


Is it necessary in an assault case for the victim to press charges or can other parties press charges-?

The police or the victim are the only people who can press charges in an assault case.


Can a parent press assault charges for their teenager if the teenager doesn't give them consent?

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???)


How long to you have to press assault charges?

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.


Can you have a civil suit for simple assault?

No. Simple assault is a crime. There is probably a mirror tort (assault) for which you can make a civil action.


What happens if someone presses assault and battery charges on a marine?

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.


Can you press charges when someone pushes you and your pregnant?

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.


Should you press charges against your girlfriend for assault?

That is a question only YOU can answer.


How do you drop assault charges in Virginia?

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.


Can you sue if someone intentionally hits you?

You can sue for money damages, compensatory and punitive, because the assault is an intentional tort and you can press criminal charges too, because assault is a crime.


Can you get charge with simple assault if person does nt want press charges?

Yes. Private citizens do not make or "press" criminal charges. The state makes that decision, and often proceeds against defendants without the desire or consent of the victim. Practically, prosecutors are sometimes unable to go forward with uncooperative witnesses and victims, especially with misdemeanor charges, were the state is unwilling to devote limited resources the trial.


If you press charges on someone and then drop the charges and the case is closed can they reopen the case so you can press charges again?

yes you can