Often survivors want to know if they can press charges in cases of intimate partner and sexual violence. How after an assault do you have to press charges? - Answered by a verified Solicitor. Example: The police arrested the defendant 19 years after the homicide in question. Both charges can lead to incarceration of the accused if he or she is found guilty; therefore, it is advisable to seek legal advice from an experienced criminal solicitor upon arrest. There are two avenues to consider – criminal or civil. However, it is possible to be charged just with assault, meaning that you were about to hit someone, and maybe even took a swing at them, but you never connected. First, an individual may agree to the charges. (Criminal Code s. 786). Category: UK Law. Tell the police what happened. Step 2. The most common crimes are hybrid, such as theft, assault, fraud, etc. Answered in 2 minutes by: 8/21/2010. Crimes Act 1961, s 48. You’ll have a good defence to an assault charge if you were defending yourself or someone else. Assault penalties vary depending on the circumstances and the state, but sentence ranges and punishments for assault are usually serious because assault is considered a violent crime. If this is the case, the individual will then have to pay for the damage done, as well as any necessary fines. It is important to know that you have rights regarding the criminal justice system and whether or not you would like to pursue a case against an abuser (see What to Expect in Court).). After assault charges are pressed, one of two things can occur. The longer you wait to file an assault charge, the slimmer your chances of anybody taking it seriously. 0 0. If you're facing assault charges, it means you acted in such a way that someone believed, or was afraid, that you were about to hit them. Ask Your Own UK Law Question. Go to your local police department and tell the person at the desk you want to file a complaint. How Long After an Offense Can One Formerly Press Charges For It? However, the amount of force you use has to be reasonable, given what you … There is also a statute of limitations to charge somebody with assault, though this varies by jurisdiction. Only the state, or government, that is prosecuting the case has the authority to file, or press, criminal charges against a person. Submitted: 10 years ago. However, this would be unlikely in practice because it may be difficult for the prosecution to prove a criminal offence beyond reasonable doubt so long after its alleged commission. If a crime is summary conviction or the prosecutor decides that the crime will be summary conviction, the charges have to be laid in a document called an “Information” within 6 months after the time when the subject-matter of the proceeding arose. Individuals do not file or press charges. 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