What Happens When You Press Assault Charges?
What to Expect in the Process
Pressing assault charges against someone is a serious and complex process that can be emotionally challenging and legally complex. It is essential to understand the implications and consequences of filing such charges. This article aims to provide an overview of what happens when you press assault charges.
Who Can Press Assault Charges?
Only a victim or their legal representative can file assault charges against the accused. The police will conduct an investigation to gather evidence and gather witness statements, and then make an assessment of whether sufficient evidence exists to charge the accused with assault.
The Types of Assault
There are several types of assault charges, including:
- Simple assault: a Class C misdemeanor with a potential sentence of a fine.
- Assault causing bodily injury: a Class A misdemeanor with a potential sentence of up to a year in jail.
- Aggravated assault: a more serious crime that can lead to harsher penalties, including more severe fines and longer sentences.
What Happens When You File Assault Charges?
After you’ve decided to file assault charges, the police will likely:
- Interview you, the victim, to collect information about the incident and gather evidence
- Talk to witnesses, if there are any, to obtain their statements and evidence
- Collect any physical evidence, such as security camera footage or witness statements
The Assault Charge Filing Process
The filing process typically includes the following steps:
• Informed Consent: The district attorney’s office will give you, the victim, an opportunity to review and sign a sworn complaint and waiver of certain rights.
• File the Case: The assault charges will be formally filed with the court, and a formal complaint will be issued by the district attorney’s office.
• arraignment: The accused will appear in court and enter a plea of "guilty," "not guilty," or "no contest."
• Investigation Continues: After the arrest, the investigation will continue, and any additional evidence will be collected.
What Happens After You File Assault Charges?
After the charges are filed, the process will vary depending on the specific case and the parties involved. Here are some possible steps:
• Arraignment: As mentioned earlier, the accused will enter a plea during the arraignment. If the accused pleads "guilty," they will usually receive a sentence based on the charged offense, which may include fines, community service, or prison time.
• Bail: If the accused is released, they may be required to post a bail bond to ensure their attendance at trial.
• Motions and Trials: Each side may file legal motions to present evidence or move for discovery, which could delay or affect the progress of the case.
The Investigation Continues
During this time, additional investigation may be necessary to prepare for trial, which can include:
- Eyewitness statements
- Physical evidence (like DNA, blood, hair, or tissue samples)
- expert testimony, such as forensics or medical testimony
What Happens If You Drop the Charges?
You, the victim, have the right to dismiss the charges at any time before the trial begins. However, you should note that:
- Dismissed charges do not necessarily wipe the slate clean: depending on the situation, a dismissed charge could still:
• remain on a criminal record: if not expunged or pardoned
• disqualify a person from certain jobs, licenses, or opportunities due to the criminal conviction
• affect immigration or visa status
Final Thoughts
When you file assault charges, it can be a stressful and time-consuming process, but knowing what to expect can make it easier. Remember, as the victim, you have rights and choices throughout the process:
- stay informed
- gather evidence and prepare a plan
- consult legal counsel or a representative
Remember to prioritize your safety and emotional well-being throughout the process. It is essential to take time to heal, and considering seeking support from a victim advocate or crisis hotline is crucial.
