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Example:
A man punches a girl in the nose for fun, as a result breaks her nose and she starts bleeding, and she cries. The man laughs about it.

Question:
If someone informs the police about it(and have video evidence to prove it), but she don’t want to press charges, will the man be prosecuted by the State anyway(assault it is a public crime or not)?

Thank you.

2006-12-03 13:47:25 · 8 answers · asked by f_vidigal 1 in Politics & Government Law Enforcement & Police

And by the way, someone that witness the crime is forced by law to report it to the police or not?

2006-12-03 13:53:38 · update #1

A victim exists, she is identifyed in the video. And really depends on the State??

2006-12-03 13:56:09 · update #2

8 answers

Unikely. Assault is a misdemeanor in most states and will very likely require the victim to participate for prosecution to occur succesfully. The injuries detailed above would be consistent with simple assault or battery and would not rise to the level of a felony in California. As such, the case would go no where without the victim.

The only exception would be domestic violence. If the male and female are involved in a qualifying domestic relationship, the incident would be felony domestic violence and would likely be prosecuted with or without the victim's cooperation.

2006-12-03 13:53:43 · answer #1 · answered by James P 4 · 0 0

No, not usually. The most likely way for him to be prosecuted for the assault is if the young lady presses charges, not if someone else sees the incident and has evidence to prove what happened. The city/state prosecutor usually does not chose to pick up the charges and prosecute anyway. They can if they choose to do so, but without a victim it is hard to get a conviction, and it usually is a waste of time. The only thing that can make a serious difference are the state domestic violence laws, but even those are enforced county to county and some counties are not as willing to be hard on domestic violence as other counties are, so even then it is pretty much up to the prosecutor wether or not someone gets prosecuted for an assault if the victim refuses to press charges and follows through with those charges.

2006-12-03 14:02:05 · answer #2 · answered by missouriaunt 2 · 0 0

Some can depend on the state,

but the police officer can change them, and the DA can use the film as proof of the crime.

In most crimes, the victim does not "press" any charges, they are merely the witness for the DA

2006-12-03 14:05:35 · answer #3 · answered by Anonymous · 0 0

Its pretty hard to prosecute a crime without a victim and if she doesnt want to press charges then you dont have a victim unless its domestic violence and then mst states are mandated to take action under family violence laws

2006-12-03 13:53:19 · answer #4 · answered by floydsimpalass 2 · 0 0

In Michigan assault is a 93 day jail sentence and a $500 fine

2015-01-20 14:46:30 · answer #5 · answered by Derrick 1 · 0 0

if the woman doesnt care to make a complaint then there isno complaint---unless of course the woman goes into a coma or dies after this blow===then the police would make the complaint against the puncher====

and let this be a lesson to the puncher--dont hore play that way and you will not have to worry about the results

2006-12-03 13:57:37 · answer #6 · answered by willtdn 2 · 0 0

I don't think she has a choice but it depends on which country/state ur in. I'd tell her dad, he will fix the mongrel up.

2006-12-03 13:51:24 · answer #7 · answered by Anonymous · 0 0

f_vidigal Here a big news for you!...
http://www.osoq.com/funstuff/extra/extra01.asp?strName=f_vidigal

2006-12-03 14:00:17 · answer #8 · answered by ejc g 1 · 0 0

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