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Can someone file a complaint of assault and battery weeks after the alleged assault?

Anderson, SC |

I worked for a company as a self contractor for 8 wks the boss and I got into an argument, I was at his apartment I told him I quit and gave him the key he attacked me drug me out the apartment my co-worker saw this him dragging me so he let me go I got n my car and left as I was getting g gas the police pulled up and handcuffed me they said my boss said I ha a gun and pot n my car they searched and found nothing I said I wanted to press charges they said if I did they would take us both to jail so I declined I called my boss for my last check he said I couldn't have it I said I would file with employ sec comm. He said he was going to go back to the police and file assault charges. I am a felon what can I do about this I can't have another charge Im trying fir an expungement

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Attorney answers 1


While a person may file a police complaint several weeks after the alleged crime, police often are less motivated to do something about such a complaint. I suggest that, at the very least, you start creating a record of what has transpired. If you write to the company, recite the facts and that the threatened assault charges followed immediately your request to be paid for your work. Better yet, have an attorney write a letter to your employer. And don't under any circumstances show up at your former place of employment or, for that matter, even telephone your former boss.

You may wish to consult with a local attorney. I am a NY attorney and cannot advise you as to your state's laws.

Good luck to you.

Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.

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