How to File Criminal Assault Charges
If you feel you are the victim of a criminal assault, you have the right to file charges against your assailant. However, before you file charges, you need to know the proper procedure for doing so in order to avoid making mistakes that could cost you your case.
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Instructions
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Contact the police. Most U.S. states require that you file charges within the jurisdiction where the assault took place as soon as possible following a criminal assault. Putting the incident on record as soon as possible is very important.
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Get copies of all the paperwork filed with the police for your own records. You will also want get the names and badge numbers of the officers with whom you come in contact.
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File for a restraining order. This may not be necessary, depending on the circumstances, but is strongly recommended if you believe your assailant may inflict further harm.
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Follow up with the prosecutor, and ask him to keep you informed about the state of the case.
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Consult an attorney. It is usually a good idea to retain your own lawyer, who can tell you the best way to file criminal assault charges. Check the FindLaw website to learn more about what attorney may be best suited for you (see Resources below).
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Decide if you want to file civil assault charges as well. These differ from criminal assault charges and may be more appropriate in your case.
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Provide evidence, including medical information and information on the perpetrators, to the prosecution.
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Prepare yourself for attacks and slights against your character, which your assailant may level as a part of his defense.
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Consult a victims' rights organization, such as the National Center for Victims of Crime, if you feel you need additional support (see Resources below).
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Tips & Warnings
Assault cases require proof of a clear intent to harm the person in question. Verbal threats alone do not constitute assault. Instead, they must be accompanied by an action or a gesture that can be reasonably interpreted as an ability to make good on the threat.
Assault and battery are not necessarily the same things. Assault entails the intent or effort to commit harm, while battery is the actual infliction of harm. Know the difference before proceeding, and understand how it may affect your case.
Specific laws vary from state to state. Be sure to know which laws apply to your particular situation.
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Comments
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have a friend who was pushed when his head hit curb he suffered severe head trauma he cant remember what happened I seen what happenened when I made police report they never followed up. I'm harrassed by this iondividual and my friend has injuries he will have to deal with the rest of his life. The individual who assaulted him also assaulted another person who suffered great injury and he has 7 felony assault charges in illinbios. where is the justice?
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invaderchef
Jun 24, 2009
I am a female teenage girl and my adult brother slapped me twice, made gestures to hit me and threatened to beat me up numerous amounts of times. Do these same rules apply to me, or do I have to take further steps to put him behind bars. -
MudManDude
Sep 13, 2008
I have a similar question. The assault and battery offense was committed about 60 days ago by the supervisor of a fellow employee. The employee is afraid to file charges in fear of losing his job. Can I file for him? This supervisor also is guilty of sexual harassment in the workplace. I think he needs to be "retired".
