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Can I still press charges of assault on an attack 1 year ago?

Northridge, CA |

The incident was at school, no officials saw it so there was no police report or anything, and I never thought of pressing charges until recently. I had just came off a C1-vertebrae fracture, and the attacker worsened the injury along with damaging my right testicle. Can I press charges on him even though it was a little less than a year ago and nothing was ever reported?

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Attorney answers 5

Posted

Not criminally. Only the DA will press charges against an alleged defendant. You can report it to the police who will forward a report to the DA to see if they will press charges. The case is stale (old) so I doubt the DA will take action but who knows. You can hire a civil defense attorney for the injuries and costs thereof but again the case is stale. Proof issues will be difficult at this late date . Good Luck! Seek a free consultation with a private civil attorney.

Asker

Posted

Thank you. Do you think that if the school cameras caught it on tape and I could obtain the video, then I could press charges?

Peter John Marek

Peter John Marek

Posted

No. Only the DA can press criminal charges, if they review the evidence they may choose to do so. If they do any civil action will have to wait until the criminal action resolves. To file a civil suit talk to an attorney.

Posted

Only the government (the DA or bother prosecuting agency) can file criminal charges. They don't do any independent investigation - the police do and submit the reports for review. You can start with making a police report. Because of the passage of time, it will be an uphill battle to prove this.

You can pursue a civil personal injury case against your assailant, but if you are considering that, act quickly as there may be statute of limitations issues.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

Posted

The longer a person waits to start up a claim the weaker a case gets. The only way to get this person charged in criminal court is to get a prosecutor to charge the case. This will be difficult becauase of the time. Legally he can charge it because a simple assault usually will have at least 2 years attached to it before it can't be charged but again, it is weak. If you are asking if you can sue this person then you need to ask a civit litigation attorney about that.

Joseph Briscoe Dane

Joseph Briscoe Dane

Posted

The statute of limitations for most criminal misdemeanors in California is ONE year and three years on most felonies.

Patrick Owen Earl

Patrick Owen Earl

Posted

So a simple assault there is a misdemeanor or what classification? What degrees are there in CA

Posted

The other answers are correct. If you wish to sue the deft for your injuries/damages, see a local injury lawyer asap. keep in mind that you have the burden of proof. Can you prove the deft attacked you and caused these injuries?

Posted

Also if you are interested in suing the school for some reason, you had 6 months to file an administrative claim to get that ball rolling. You hav two 2 years to file a civil personal injury case against the attacker. In addition to proof problems already addressed, you would have to make sure he has insurance or significant assets to pay you. Also, your damages will be difficult since you had a pre-existing condition and an agravation of same. Not an easy case, but you can explore it with a pesonal injury attorney. Good luck.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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