The situation: verbal assault by party A led to an accidental hit to the face of party A by party B.
First of all, the cops told us that because the verbal assualt led to something physical (even though it was on accident), party A would be held responsible. However, because party A involved minors, they were given the choice to press charges against party B, which they declined to do. Can they, at a later time, decide they DO want to press charges, or is it too late?
2006-10-21 07:46:09 · 4 answers · asked by yonseisd 1 in Politics & Government ➔ Law & Ethics
There is a statue of limitations, past that, charges can not be filed, but charges can be brought, up to that time, even if originally declined. The problem with this is that once declined, the police may not collect full evidence needed to prosecute.
The answer is yes, you can press charges if you change your mind.
Minors can not legally decline on their own, they must be represented by an adult or guardian.
NOTE: Verbal assault is pertinent to this as it is the mitigating circumstance. Verbal assault by itself is not a crime unless threats are made and the person can back them up. There is more than one type of assault.
Assault: "A willful attempt or threat to harm another person, coupled with the present ability to inflict injury on that person, which causes apprehension in that person." The actual striking of the person is battery.
2006-10-21 08:08:03 · answer #1 · answered by Seikilos 6 · 0⤊ 0⤋
Hmm. I'm not sure why the police would tell you that a verbal "assault", (there is no such thing as a verbal assault,) was relevant at all. They would be able to press charges no matter what, because an assault is an assault. You simply cannot physically attack another person, regardless of provocation. Now, as for pressing charges at a later time, you should be able to as long as you're within the statute of limitations. I'm not sure why the police wouldn't have made the assault charge initially except that they probably didn't want to be bothered. It isn't up to party A whether party B is prosecuted or not. Anyway, you're probably fine, because you most likely would have heard by now. Consider yourself lucky, and I'd advise strongly against smacking anyone, for any reason. :)
2006-10-21 07:51:56 · answer #2 · answered by BoardingJD 4 · 0⤊ 0⤋
I find it hard to believe that the police would consider party A the guilty party, since party B is the one that committed the physical assault. Verbal provocation is not grounds for assault and battery.
2006-10-21 07:56:33 · answer #3 · answered by Anonymous · 0⤊ 0⤋
As long as you are within the statute of limitations, you can press charges.
2006-10-21 07:54:02 · answer #4 · answered by Chris J 6 · 0⤊ 0⤋