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What happens after someone press charges against someone for hitting them?

Oakland, CA |

An incident happened a week ago. Some guy who said he was our landlord punched my dad in the chest and my dad fell to the ground. It was late at night and I witnessed it happening. My dad had no way to defend himself and he was surprised. The landlord had said a bad word and punched my dad, everything happened so fast. I called the police, we filed a report, and my dad signed to press charges against the landlord. But the police said they'd call us, and we've been waiting for a week now. How do we get the landlord to be arrested? My dad really wants the landlord to be arrested and that we go to court against the landlord.

Attorney Answers 3


Your father should follow up with the police as a victim of crime. There is likely an incident report number that is associated with this case and surely there is a police officer who took statements from your father unless he filed a report online. If you're very serious about this matter, your father is best served by retaining counsel to press the police to follow up on this matter and eventually to convince the DA to file criminal charges. Additionally your father has the ability to pursue this matter civilly by suing the landlord for battery and personal injury. Best of luck.

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The notion of "pressing charges" is really a misnomer. Only the DA can bring criminal charges. They would review the police report and determine if a crime occurred and if criminal charges should be filed. As noted by the other response, your dad can explore bringing a civil action against the person who punched him. Personal injury attorneys typically handle cases on a contingency fee basis and give free consultations. Use the Find a Lawyer tab on Avvo to find one in your area. Best of luck to you...

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What happens after someone contacts the police and makes a report? Sometimes, there is further investigation and follow-up. At some point, a police report is prepared with recommendations from a handling detective and then forwarded to the district attorney's office for further action. Sometimes, the detective will recommend prosecution and sometimes they will not. At this point, I'd recommend you just be patient. If you contact the police, pressuring them, it may backfire because the police may sense that you have an ulterior motive (to breach the lease on a pretext of this incident).

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