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How long after an incident do you have to press charges for assault with a deadly weapon?

California |
Filed under: Criminal defense

My son was a victim of road rage. Police report was taken and filed. No charges were filed at the time of the incident, as my minor son said he wasn't pressing charges. It seems we need to press charges in order to get payment from this guy for the damages caused. The guy admitted all fault at the time of the incident to us and the 4 officers on-site. Can we still persue pressing charges?

Attorney Answers 2

Posted

Only the DA can press charges, not your son, not the police. If your son told the police he didn't want to proceed maybe they didn't pass it along to the DA. Get a copy of the police report if you don't already have one and sen a copy with explanatory cover letter to the DA.

As for the time limits it depends on whether the charge would be a felony or misdemeanor. The shortest time limit in CA is one year from the incident.

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Posted

If your son suffered physical or emotional damage as a result of the incident, you can file a civil action for damages against this person.

You can get a copy of the police report for a fee. This will have the defendants name and address for service purposes. If he's admitted the crime in the police report that will go along way in proving your civil case.

Edward J. Blum

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