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If someone commits assault and the victim doesn't want to press charges, can someone else do it?

New York, NY |

This guy my daughter has been hanging out with beat her up and threatened to kill her. She's scared and refuses to speak to the police because she thinks it's going to make everything worse. Possibly because he has connections with a bad group of people. There seems to be no way she will even consider pressing charges. I know for a fact that he has been arrested before, but I don't know for what. She won't take a picture to show proof that she was beaten, but she has bloody clothing that I'm hoping can prove something. Is there anything I can do by myself to see to it that he goes to jail for this? And how long would I have to report it - Is there a limit before it becomes to late too do anything at all?

Attorney Answers 4


  1. Immediately report this criminal conduct. Save the clothes. Take a photo.

    You can report a crime.


  2. You can call the police to report a crime. This is a sensitive area, between a father and daughter, proceed with caution.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


  3. You can advise the police of the matter and they can attempt to investigate..

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


  4. You can report it to the police but that does not mean the police can make a case without your daughter's cooperation. Sometimes they can such as where the victim make an excited utterance of who did it (an exception to the hearsay rule) and there are photos or medical records to prove the injury. Before calling the police you should consider how your daughter will react to you. You are in a tough spot - caught between trying to protect your daughter and not wanting to anger her.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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