if you file assault charges how long before the state attorney responds

A case like this could take anywhere from 30 days to possibly 6 months and maybe even longer if it is a very serious assault. It could take a year if it is a felony. The timeline of these cases can really vary depending on the facts because there are too many variables.

Full Answer

How long do you have to report assault to the police?

Aug 30, 2015 · The answer is, it depends. If its a felony charge, the state has 175 days to file charges (technically, they have 175 to file the official charging document known as an “Information”). If the charges are a misdemeanor, the state has 90 days to file. The speedy trial rule found in Rule 3.191 (a) spells all of this out nicely, stating that ...

How long does the prosecutor have to file charges for assault?

serious felony charges: six years. misdemeanor charges: two years, and. petty misdemeanors and infractions: six months. States cannot retroactively change the rules to allow prosecution of crimes that are already barred by an existing statute of limitations—meaning they can't go back in time and revive a case.

What is the Statute of limitations for an assault charge?

Nov 29, 2011 · Depending upon the seriousness of the assault, the period of time to report can be anywhere from 1 year to multiple years, even longer if you are a minor because the statute of limitations does not begin to run until you are 18. If you are deciding to file a complaint/press charges, you need to contact the police, who will then conduct the appropriate investigation, …

What happens if you don't report an assault?

Mar 25, 2017 · Two years is the statute of limitation for a misdemeanor charge. However, it will be more difficult to file charges with each day that passes. Best of luck! The information provided by Attorney Matthew V. Silva is based upon the generic …

How long does a prosecuting attorney have to file charges?

The prosecutor must present their evidence. Prosecutors generally file criminal charges within two to three days. Because prosecutors must file so quickly, the criminal charges can change significantly over time.Nov 18, 2021

How do I know if my charges have been filed?

The only way you'll know about this is when papers arrive in the mail or a summons has been hand-delivered to you by another person. To find out if any paperwork is coming to you in the mail, you can contact the local criminal court and ask the clerk if any pending cases, warrants, or court dates have been filed.

Can the state prosecute without a victim?

Even in the Sessions Court, where the Public Prosecutor is the only authority empowered to conduct the prosecution as per Section 225 of the Code of Criminal Procedure, 1973, a private person who is aggrieved by the offence involved in the case is not altogether debarred from participating in the trial.

How do you know if you're under investigation?

Signs of Being Under InvestigationThe police call you or come to your home. ... The police contact your relatives, friends, romantic partners, or co-workers. ... You notice police vehicles or unmarked cars near your home or business. ... You receive friend or connection requests on social media.

How do I know if someone filed a case against me?

Yes the simplest way of knowing that whether someone filed a case against you is that You will receive Notice for sure. This notice will be served personally. A formal document will then give you a fixed time to file papers resisting the claim.

Can the police charge you if the victim doesn t?

The short answer is, yes, the police can make arrest you and refer the matter to the state for charges despite the alleged victim's wishes. ...Nov 10, 2020

Does the victim have to attend court?

If warned to attend court, you are legally obliged to attend. However there is plenty of help and support the Voice and the Court Witness Service can provide to ease you through the process.Jan 30, 2017

What happens if the victim doesn't turn up to court?

If a witness in a criminal case refuses to testify, he or she could be found in contempt of court. Being in contempt could result in jail time and/or a fine. A victim in a domestic violence or sexual assault case, however, cannot be jailed for refusing to testify.Jan 22, 2022

Prosecuting Attorneys Make Charging Decisions on Their Schedule, Not Yours.

The decision to file a charge is always the decision of the local city, county or state prosecuting attorney and every one of these offices makes c...

Cases Can Be Filed Anytime within The Statute of Limitations of Each Crime.

Almost every kind of criminal charge in Washington has a limited time in which charges can be filed. This concept is called the Statute of Limitati...

So You Are saying, “I Could Have to Wait For A Year Or More?”

Technically, yes, this is the answer most criminal defense lawyers | attorneys will give you; however, in practice, we see lower level crimes being...

How long does it take to file a felony charge?

The answer is, it depends. If its a felony charge, the state has 175 days to file charges (technically, they have 175 to file the official charging document known as an “Information”). If the charges are a misdemeanor, the state has 90 days to file.

How long do security cameras keep video?

Video evidence is being taped over, dispatch calls are typically kept for 30 days, and most private security cameras hold their data for even less time than that. Add to that the numerous witnesses whose statements sound far more credible when taken within days of the incident–rather than months later.

Is the government your friend?

The government is not your friend, and they’re not going to help you through the trauma of an arrest. And, after the trauma of an arrest, it can be stressful waiting to see what or when or if charges will be filed. On the inside of the government machine designed to rack up convictions, think about what information the prosecutor is reviewing ...

What is statute of limitations?

Statutes of limitations establish time limits for starting criminal proceedings. The rules reflect society's wish to proceed with prosecutions while memories are fresh and evidence and witnesses are still available. Statutes of limitations generally start to "run" on the date that crimes are committed.

Can Larry be prosecuted for burglary?

However, the police misplace the report and, as a result, don't begin investigating the crime until many months later. By the time the police arrest Larry and the prosecutor is ready to begin criminal proceedings, the state's three-year statute of limitations on burglary has expired. As a result, Larry cannot be prosecuted for burglary. If the prosecutor were to begin criminal proceedings, Larry would be entitled to have the case dismissed.

What is the Sixth Amendment?

Statutes of limitations, which establish time limits for starting criminal proceedings, are distinguished from the Sixth Amendment right to a speedy trial, which applies to the length of time between the beginning of criminal proceedings and cases going to trial.

How long can you wait to report an assault in Washington?

The statute of limitations for most crimes in Washington is six years but waiting too long to report an assault means that witnesses may no longer remember events and evidence may no longer be available so, even if you report as assault after a long passage of time, law enforcement may not be able to find probable cause a crime had occurred.

Who can authorize criminal charges?

After the police investigation, a report would be sent to the prosecuting attorney who would determine if any charges should be filed. Only the prosecutor can authorize criminal charges.

Can you press charges for assault?

Most assault cases are misdemeanors. All misdemeanors much be charged within a year of the offense. You as an individual don't press charges. You can report a crime, but it is within the discretion of the DA to press charges.

How long does it take to report an assault?

Depending upon the seriousness of the assault, the period of time to report can be anywhere from 1 year to multiple years, even longer if you are a minor because the statute of limitations does not begin to run until you are 18.

Can you press charges in California?

You can't press any charges, it does not work that way in California. A person becomes charged with a crime after a citizen reports a crime or a member of law enforcement witnesses a crime. Law enforcement then either arrest or cites the person and then law enforcement forwards a report the district attorney in the county the crime occurred. The prosecutor then makes a determination about whether charges should be filed. If the prosecutor believes they can prove the case charges will be filed and the defendant will be prosecuted. There is no part in the process where a citizen presses charges against another citizen. The prosecutor represents all of the people of California, they file charges because they believe a crime has been committed against one or more citizens of California. If you were assaulted and you did not report it. You can report it at anytime however as time passes the prosecutor will be less likely to file charges. If you already reported the assault to the police the prosecutor basically has one year to file charges.

How long do you have to be in jail for a misdemeanor?

You have 1 year to have a misdemeanor charged and 3 years for a felony. HOWEVER, unless you get this to the cops quickly, as soon after the event as possible, they will most likely blow you off unless it is terribly serious. Report Abuse. Report Abuse.

How long do you have to file a criminal complaint?

You have six years from the date of the offense to formally file charges via a criminal complaint or indictment. You would have to call the police and first make a police report and then the matter would be turned over the prosecutor's office. You can think speak your wishes and voice your position to the prosecutor once they have the police report. Keep in mind that the longer you wait, the harder it is to press charges and get a conviction.

1 attorney answer

Two years is the statute of limitation for a misdemeanor charge. However, it will be more difficult to file charges with each day that passes. Best of luck!

Matthew Vernon Silva

Two years is the statute of limitation for a misdemeanor charge. However, it will be more difficult to file charges with each day that passes. Best of luck!

1 attorney answer

Making a report to the police is sometimes referred to as "pressing charges" or "filing charges." But the way the system generally works is this:#N#1. A crime is reported to the police.#N#2. The police investigate the alleged crime...

Eric Stephen Lafleur

Making a report to the police is sometimes referred to as "pressing charges" or "filing charges." But the way the system generally works is this:#N#1. A crime is reported to the police.#N#2. The police investigate the alleged crime...

What are the different types of assaults in Arizona?

There are numerous types of different assaults In Arizona. Under the statute, there are misdemeanor assaults and then there are felony assaults. There are misdemeanor domestic violence assaults and felony domestic violence assaults as well. There is a class 1 misdemeanor assault, a class 2 misdemeanor assault, and a class 3 misdemeanor assault.

Is aggravated assault a felony?

All aggravated assaults are felonies and there are different levels of felonies. An aggravated assault is when a person causes a serious physical injury to another person. The difference between the felony and the misdemeanor is that the felony involves a serious physical injury, like a broken bone or something that is life-threatening.

What is a class 1 misdemeanor?

It is a class 1 misdemeanor assault when someone intentionally, knowingly and recklessly causes a physical injury to someone. A class 2 misdemeanor is when a person scares somebody and makes them think they would be hurt, and class 3 misdemeanor, which is the lowest level of assault, is when a person just touches somebody ...

Is a felony a felony?

It is a felony if someone is retrained, bound or held down by something and someone hits, kicks or punches them. The fifth type is when a person commits the assault after entering a private home with the intent to commit assault, which is an aggravated assault or felony.

Is a police officer a witness?

The police officer is usually a secondary witness unless the defendant might have submitted to an interview and made some admissions that might hurt him. The officer can testify to that but the most important witness will still be the victim.

What to do if you are being accused of a crime?

If you are being accused of a crime, it is important for you to understand the process leading to charges being filed against you. This process can happen in one of two ways: 1. Pre-filing Investigation. An experienced Wallin & Klarich attorney may help you avoid facing any criminal charges.

How long is the statute of limitations for a felony?

For felony offenses, the statute of limitations is three years; or. With certain felony offenses, there is a longer statute of limitations. There is usually a gap between the time the police officer generates the police report and the time the prosecutor makes their filing decision. It is during this gap in time that your attorney is able ...

Why is it important to retain a criminal defense attorney?

2. Arrest and Police Report. Oftentimes, a police officer makes a physical arrest of the accused and takes him or her to jail without an initial investigation.

What happens when a police officer gathers evidence?

Once the police officer has gathered sufficient evidence, he or she will meet with the prosecutor and present all of the evidence that the officer has obtained, including physical evidence, statements from witnesses, or even your own statements. The officer may recommend certain charges, but only the prosecutor has the power to formally file ...

What happens if you are arrested?

If you are arrested, or think you may be arrested, any delay in retaining an attorney to defend you will put you at a significant disadvantage. Oftentimes, your attorney can have the most impact on the outcome of your case before the decision to file has been made. You should hire a skilled defense attorney right away.

What is Robert Rhodes' background?

With a successful background in law, courtrooms, wrestling, rugby and jujitsu, Robert Rhodes’s nature is well-suited for argument and litigation. Mr. Rhodes knows how to talk clearly and directly to his clients, adversaries and to the Court. His common sense, straight talk and experience put his clients immediately at ease. Mr. Rhodes does not do anything half way and you will sense this when you meet him. Read more >>

What is the charge based on?

There are things you can do in the investigation stage of a case to help, but a charging decision is based on (1) the facts the prosecutor has (2) is there any immediate need to file and (3) the statute of limitations of the crime.

How long can you file a criminal charge in Washington?

Almost every kind of criminal charge in Washington has a limited time in which charges can be filed. This concept is called the Statute of Limitations and there are only 6 serious crimes that do not have such a time limit (murder being one of them which is why you hear of charges being filed 30 years later). The statute of limitations varies from 1 year for misdemeanors, 2 years for gross misdemeanors or longer depending on the type of felony alleged. If you know the particular crime you may be charged with, you can look this up in this statute. So, technically, prosecutors have until the end of this time period to file; however, there are motions that can be filed to dismiss charges if the delay was unfair and prejudicial to the defendant. Also read the statute carefully, this period of time does “not run during any time when the person charged is not usually and publicly resident within this state”.

What does it mean when a case does not get filed?

The fact that a particular case did not get filed quickly does not mean that someone will not be charged with a crime, though this is possible. It is also equally possible that the prosecuting attorney did not see your case as a priority and is getting to it.

How long is the statute of limitations for a misdemeanor?

The statute of limitations varies from 1 year for misdemeanors, 2 years for gross misdemeanors or longer depending on the type of felony alleged. If you know the particular crime you may be charged with, you can look this up in this statute.

How long does it take to file a criminal case?

Technically, yes, this is the answer most criminal defense lawyers | attorneys will give you; however, in practice, we see lower level crimes being filed within 2-6 weeks with a few going at as far as 3 months and even out to 12 months plus, in a couple of unique circumstances (sometimes prosecuting attorney offices hold off on filing charges on a large number of cases because they are waiting on the outcome of a pending appeal). With serious felonies, it really depends on the facts and a consultation is necessary. We have seen charges happen within a month, or we have seen charging decisions linger as long as 1-2 years depending on the evidence and scope of the investigation. As part of our representation and investigation of cases, we touch base with the investigating detective to get an idea of how long they expect to take to finish their reports and/or process the evidence. This often gives us an idea of when the file will make it to a senior prosecuting attorney’s desk for a charging decision. Officers take vacations, sick leave happens; but, based on experience, we get a a rough idea of what is going on.

Vacating Felony Assault Convictions in Washington State

Vacating felony assault convictions is obviously more difficult, and the highest level of felony assaults are not always possible to vacate. This gets into numerous overlapping statutory definitions of “most serious offenses,” “violent offenses,” “offenses against persons,” etc., and thus no simple answer can be given here.

A request to vacate a record of an assault conviction is discretionary with the court

It could therefore be denied by the court for any reason. If a request to vacate is granted, though, your previous Guilty Plea is withdrawn (“pulled back”) and the entire case is then dismissed. You can then legally and truthfully say you were never convicted of the assault charge.