How to File Criminal Assault Charges

If you feel you are the victim of a criminal assault, you have the right to file charges against your assailant. However, before you file charges, you need to know the proper procedure for doing so in order to avoid making mistakes that could cost you your case.

Instructions

1

Contact the police. Most U.S. states require that you file charges within the jurisdiction where the assault took place as soon as possible following a criminal assault. Putting the incident on record as soon as possible is very important.

2

Get copies of all the paperwork filed with the police for your own records. You will also want get the names and badge numbers of the officers with whom you come in contact.

3

File for a restraining order. This may not be necessary, depending on the circumstances, but is strongly recommended if you believe your assailant may inflict further harm.

4

Follow up with the prosecutor, and ask him to keep you informed about the state of the case.

5

Consult an attorney. It is usually a good idea to retain your own lawyer, who can tell you the best way to file criminal assault charges. Check the FindLaw website to learn more about what attorney may be best suited for you (see Resources below).

6

Decide if you want to file civil assault charges as well. These differ from criminal assault charges and may be more appropriate in your case.

7

Provide evidence, including medical information and information on the perpetrators, to the prosecution.

8

Prepare yourself for attacks and slights against your character, which your assailant may level as a part of his defense.

9

Consult a victims' rights organization, such as the National Center for Victims of Crime, if you feel you need additional support (see Resources below).

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