how to get a attorney to press charges if you are attacked

If you are looking to press charges for an assault, or if you already have pressed charges, it is advisable to find legal representation. Victims who have been harmed by an aggressor in an assault should hire a personal injury lawyer.

Full Answer

How do I press charges against someone?

Make a police report and state you want to press charges. The State will handle the rest You need a lawyer called the District Attorney. First, you should call the police. Not sure of the non-emergency number, but the emergency number is 911. The reason that you only find defense attorneys is that we are the only ones that advertise.

Should I press assault charges?

Pressing assault charges might sometimes be necessary for some people to put incidents behind them and receive a sense of closure. However, they should ensure that they follow the appropriate procedures to do so to ensure their safety and the successful convictions of their assailants.

Can a prosecutor be forced to press charges?

For the most part, the prosecutor cannot be forced to press charges. In some cases, political or public pressure might sway the prosecutor to file charges. A prosecutor who's under pressure might bring the case to a grand jury to decide if charges are warranted.

Do victims decide whether to press charges against a suspect?

Prosecutors, not victims, generally decide whether to press charges against a suspect. But victims still play an important role in charging decisions. Please answer a few questions to help us match you with attorneys in your area. By clicking “Submit,” you agree to the Martindale-Nolo Texting Terms.

What Does Press Charges For Assault Mean

Pressing charges for assault means that a victim of assault files a report against the aggressor (or assailant) with the police who in turn will hand over the matter to the prosecutor who may formally file criminal charges against the same.

How Long Do You Have To Press Charges For Assault

Depending on where the crime took place (the applicable law), the delays to file assault charges may vary.

How To Press Charges For Assault

Let’s look at the two possible scenarios when a person can initiate the process of having the prosecutor press criminal charges against another for assault.

What Happens When You Press Charges For Assault

When assault charges are filed against a person, the accused will then have to go to court and either plead guilty or defend himself or herself against the charges to eventually be acquitted.

Pressing Charges For Assault Takeaways

There are so many questions that come up when dealing with assault and having to press assault charges:

What information is needed to file an assault report?

To file this report, the officer will require from you information about the assault and the assailant. This information includes: Your name and address; Your assailant’s name and address (if known);

How to report an assault to the police?

Once you have written down the information necessary to press charges against your assailant, visit your local police department to report the assault. Take the information you wrote down about the assault with you to the police station. Call the police if unable to visit.

What is assault in law?

Assault is a crime whose legal definition varies by jurisdiction. Assault is defined as “making another person reasonably apprehend an imminent harmful or offensive contact” with “the intent to cause physical injury”. In other criminal statutes, assault is defined as actually causing such an injury with the intent to cause physical injury.

How to press charges against an assailant?

To press charges against your assailant, you will need to visit your local police department, particularly in those situations in which police officers were not called or did not arrive at the scene of the crime.

What to do if you can't visit the police?

Call the police if unable to visit. It may be the case that you are unable to visit your local police department. This may be, for example, because you are afraid of running into your assailant. If so, call the police, explain the incident, and tell them why you are unable to visit the police station yourself.

Can an assault victim be put on house arrest?

Not exactly! It's certainly possible that your assailant could be put on house arrest as a consequence of the assault. But that's totally separate from a restraining order, which prevents certain behavior by your assailant as it pertains to you specifically.

Can you get a restraining order against an assaulter?

Depending on the circumstances of your assault, you may or may not want to seek a restraining order against your assailant. If you do apply for a restraining order, though, you should contact potential witnesses to your assault well before the point where you apply. Try again... After you've filed a police report.

What Is the Meaning of Assault?

Before deciding of pressing charges for assault is the right course of action, learn more about what it means. Most people believe that assault involves causing physical harm to someone, but this is not always the case. The actual definition might come down to a few factors.

What Are the Different Types of Assault?

It might come as some surprise that most jurisdictions separate assault cases into multiple categories. As is the case with defining assault, how you categorize it comes down to the jurisdiction in which it takes place. Here are some of the many categories you might encounter if you are seeking to press charges for your assault.

What Is the Legal Process for Pressing Assault Charges?

How you handle assault in a courtroom depends on whether you plan to press charges, sue for damages or both. If you want to press charges, the first step is seeking medical attention, if necessary, and calling the police. You should also try to encourage eyewitnesses and other victims at the scene to remain until the police arrive.

Do You Need a Lawyer To Press Charges for Assault?

Whenever you decide to take any actual or potential legal action, consulting with an attorney is important. There is no such thing as a guaranteed cut-and-dry case. For instance, the accused person might allege that you verbally assaulted them first and that they only reacted to defend themselves.

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.

What is the role of the prosecutor in criminal cases?

The prosecutor’s role in criminal charges. The prosecutor’s office will review the police reports to decide if the evidence warrants filing charges. At this stage there needs to be more than the probable cause for an arrest. The evidence needs to be good enough to make winning at trial likely.

What does probable cause mean in a warrant?

Probable cause means the evidence supports two conclusions: A crime occurred. The suspect is the person who committed the crime.

What is a criminal case?

A criminal case is not like a civil case, in which you can file a lawsuit against the person who wronged you. Instead, the prosecutor’s office files criminal charges. You may influence the decision, but in the end it’s up to the prosecutor.

Can you file charges against yourself?

Even though you can’t file charges yourself, your cooperation makes it more likely the police and prosecutor can make a strong case against the suspect. This is especially true if your statements are the main evidence against the suspect. Without your cooperation there may not be enough of a case to go to trial.

Do you have to file a criminal report early?

That means you have to file your report early enough to allow the police and prosecutor time to do their jobs. If you have any questions about pursuing criminal charges or testifying against a suspect, a criminal lawyer in your state can help you understand your rights in your specific case.

Can a prosecutor decide if you want to press charges?

But even with your help, the prosecutor may decide the case isn’t strong enough to press charges . This can be frustrating, but the final decision is the prosecutor’s. The prosecutor may also move forward with the case even if you decide you don’t want to press charges.

Can you press charges against someone who has committed a crime?

If someone has committed a crime against you, it’s normal to want to press charges against that person. However, getting criminal charges filed is not quite as simple as filing a civil lawsuit.

What is the role of victims in the criminal justice system?

Victims play an important role in the criminal justice system by reporting crimes, filing police reports, and assisting with investigations, but the decision to press charges rests with the prosecutor.

What happens when a victim contacts police?

Generally, a victim contacts police or files a police report describing the crime. At this point, the police and prosecution take over. They may seek the victim's cooperation and assistance in the criminal investigation, but it's not up to the victim to decide if the suspect should be arrested and charged.

What is the right to confer?

The right to confer does not mean the right to control, but it may provide an avenue to understanding why and how decisions are made. If you have questions about your rights as a victim in the criminal justice process, contact an attorney or victim's rights organization in your city, county, or state.

What is the role of a prosecutor?

These responsibilities serve as checks to protect citizens from abuse of police powers and vengeful charges.

Can a victim file a police report?

But a victim cannot file a police report for the sake of prevailing in a civil claim and then expect the prosecutor to refrain from pressing criminal charges based on the victim's request.

Who decides whether to press charges?

Deciding whether to " press charges " for theft, assault, or any other crime falls to the prosecutor (the lawyer for the government), not the victim. Victims play an important role in the charging process by calling the police, filing police reports, and cooperating (or not) with the criminal investigation. But reporting the crime ...

Can a victim shop around for another prosecutor?

And victims cannot shop around for another prosecutor to take the case. In some cases, a victim might not immediately contact the police to report a crime, especially if the perpetrator is a family member. Cases involving domestic assault or theft by a family member often go unreported for many reasons. But a victim's unwillingness ...

Why don't police arrest people?

Police and prosecutors don't arrest and charge someone solely because another person claims that a crime occurred and wants the offender prosecuted. Unless the police observe the crime, they will need to gather evidence and other information to recommend that the prosecutor charge the person with a crime.

What type of evidence is used to determine probable cause?

The police can consider various types of evidence and information in determining whether probable cause exists to arrest someone, including: statements of the victim or witnesses who saw or heard events. statements of the person accused of committing the crime.

What are the roles of the prosecutor and grand jury?

The Roles of the Prosecutor and Grand Jury. If the police arrest the suspect, the prosecutor will review the police report and determine whether the government can proceed on the charges. The prosecutor must determine whether the government can, with the available evidence, prevail at trial.

What is the role of the victim in a criminal case?

The Victim's Role in Prosecution. In determining whether to pursue a case, the prosecutor will consider the victim's statements and expected level of cooperation. A victim cannot force or require the prosecutor to pursue a case, but the prosecutor is more likely to pursue criminal charges if the victim is cooperative.

What happens if the offender isn't at the scene?

If the offender isn't at the scene, the police will usually need an arrest warrant, issued by a judge, before they take the person into custody. The police must gather information and evidence and determine whether probable cause exists for an arrest warrant.

What happens if the police don't arrest the offender?

If the police don't arrest the offender but have evidence of a misdemeanor or petty crime (less serious offenses than a felony ), the police can file a criminal complaint or another charging document in court. This document will be mailed to the defendant and requires the defendant to appear in court and answer the charges.

What does probable cause mean?

Basically, it means the police believe reasonable grounds exist for concluding that a crime occurred and the accused committed it. The police can consider various types of evidence and information in determining whether probable cause exists to arrest someone, including:

George White

I get this question a lot. Let me explain Larrys answer. No one files charges on a criminal charge. Its always The State of Texas vs someone. If that were possible then we could not have any murderers. The dead person could never file charges. All you are is the complainant or victim. The police arrest you, not you.

Gary Churak

Make a police report and state you want to press charges. The State will handle the rest

Larry Lex Johnston

You need a lawyer called the District Attorney. First, you should call the police. Not sure of the non-emergency number, but the emergency number is 911. The reason that you only find defense attorneys is that we are the only ones that advertise.

How long does it take to file a criminal charge?

In other cases (when the suspect isn't in custody), it could take days, weeks, or months to file charges. Even after charges are filed, the prosecutor can still amend (change) the charges or even drop some or all of the charges.

What happens if a defendant can't afford an attorney?

If the defendant can't afford an attorney, the judge might appoint a public defender.

What are the responsibilities of a prosecutor?

Prosecutors' Responsibilities and Ethical Duties. Prosecutors have an ethical duty to see that justice is done—which doesn't necessarily mean winning a case. A prosecutor must consider the needs of the victim and society and make decisions based on the facts, the evidence, and the law.

What is a criminal complaint?

The complaint identifies the suspect and specifi es the crimes alleged to have been committed by the suspect.

What does a prosecutor do before filing a criminal complaint?

As discussed above, before filing the criminal complaint, the prosecutor must evaluate the strength of the case, including the sufficiency of the evidence and expected cooperation from victims and witnesses. The prosecutor must also analyze the law and court rulings, the offender's criminal history record (prior convictions), and any allegations against the police in conducting an arrest or search. As a representative of the government, the prosecutor also considers if prosecuting the case is the best use of public resources.

What is the statute of limitations?

The ultimate game-stopper is the statute of limitations—a time limit set in statute (determined by legislators) for filing criminal charges. The more severe the crime is, the longer the statute of limitations tends to be and the longer the prosecutor has to file charges.

What is the job of a grand jury?

The grand jury's job is to decide if the evidence supports the criminal charges —it does not determine the defendant's guilt (that's the job of the petit or trial jury). If the grand jury agrees that charges are warranted, they typically issue what's called an indictment (in-DITE-ment), and the case goes forward.

Who Can Press Charges?

Getting The Process Started

• In most cases you’ll get a criminal case started by filing a police report. Include as much information about the crime and the person who committed the crime. The police will investigate and gather as much evidence as possible. If there’s enough evidence, or witnesses to support your story, they’ll have probable cause for an arrest warrant. Probab...

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The Prosecutor’S Role in Criminal Charges

Your Role in Criminal Charges

Statutes of Limitations