How long does the person have to press chargers on someone if they got into a fight no fatal injuries were made at all

Asked over 1 year ago - West Chester, PA

The incident occurred on Saturday march 16 and it is now the 12 of march. The cops didn't give me anything being charged with anything, and the other party declined when asked by the officer that evening if they wanted to press charges. Now can they go to the police station and tell them they changed their mind?

Attorney answers (7)

  1. Ross Marvin Miller

    Contributor Level 11

    10

    Lawyers agree

    Answered . I agree with Mr. Crawford as to the statute of limitations for misdemeanors as 2 years and aggravated assaults 5 years, but be aware that all the prosecutor has to do to get the longer period is charge the higher graded offence whether or not it can be made out at trial. However, these limits only apply to the institution of charges, meaning the fling of a complaint. Thus, you may not be aware of a timely charge until after the statute seems to have lapsed. As a practical matter, in relatively straightforward cases like the one you describe there is generally not much of a delay and charges are generally filed very soon after the complaining witness makes a report. Do not delay is speaking with an attorney in the event you are charged and by no means should you speak to anyone but an attorney about your case.

    This answer is based on general legal principles only and is not intended to provide specific legal advice. This... more
  2. Stewart C Crawford Jr.

    Contributor Level 16

    9

    Lawyers agree

    Answered . The statute of limitations on simple assault is two years, aggravated assault is five. Of this event happened a year ago, it is possible that the district attorney could decline to prosecute

    All information provided in this comment is intended for informational purposes only and does not, by itself,... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . You could be charged. Retain a criminal lawyer in West Chester if you are charged.

  4. George Costas Andriotis

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . I tagged your question for criminal defense but I believe he can still file charges.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  5. Jennifer L. Ellis

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . Alas, there is plenty of time to charge you still. I suggest you hire an attorney.

    For a free consultation related to medical malpractice, personal injury, workers' compensation, social security... more
  6. Daniel Nelson Deasy

    Contributor Level 20

    5

    Lawyers agree

    Answered . I agree with Mr. Crawford. You can still be charged for sure.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  7. Christopher M. Patterson

    Contributor Level 14

    2

    Lawyers agree

    Answered . I agree with the other answers. As a practical matter, once a victim has said he or she doesn't want to "press charges", the police are reluctant to pursue them. At the same time they may do so. I suggest you speak to an experienced criminal defense lawyer in West Chester.

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