QUESTION
Can he press assault charges two weeks after the altercation?
Asked on Dec 22nd, 2012 on Criminal Law - Louisiana
More details to this question:
My domestic partner and I had an altercation two weeks ago, the Police were called and he declined to press charges. He moved out one week ago.
9 ANSWERS
Michael J. Breczinski
Well he can but the police may not go ahead with the case since he did not do it right away.
Answered on Dec 28th, 2012 at 1:27 PM
Yes, he can change his mind and decide to press charges 2 weeks later, or even later than that.
Answered on Dec 28th, 2012 at 1:27 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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He can, but the longer he waits, the less likely anything will come of it.
Answered on Dec 28th, 2012 at 1:26 PM
3 Awards
This is probably a gross misdemeanor so the statute of limitations is 2 years so 2 weeks is fine. The longer it takes the weaker the case seems though. Is this an Eastern WA state charging?
Answered on Dec 28th, 2012 at 1:25 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Private citizens cannot "press charges". That decision is made solely by the District Attorney.
Answered on Dec 28th, 2012 at 1:25 PM
Sure he can. Up to a year.
Answered on Dec 28th, 2012 at 1:25 PM
1 Award
Yes, it is still possible for him to press charges, but a prosecutor would have to agree to move forward. Since 2 weeks have passed, some evidence is lost, such as possible injuries or damage done to personal items. That makes it a somewhat worse case for a prosecutor to pursue.
Answered on Dec 27th, 2012 at 2:30 PM
For most misdemeanors and all felonies, there is at least a one-year statute of limitations in which to file charges.
Answered on Dec 27th, 2012 at 2:29 PM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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Yes the time period is still good.
Answered on Dec 27th, 2012 at 9:43 AM