How long can you wait to press assault and battery charges? 3 Answers as of August 19, 2016

My husband was punched in the face on our property and the guy who did it was on probation. We got a police report and a doctors report .This incident happened almost a year ago and because my husband has had some discomfort on the eye he had surgery on that was hit, he has decided to press charges .

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Law Offices of George H. Shers | George H. Shers
Contact the police, but if they had really wanted to go after the other guy they would probably have arrested him before and then contacted your husband. They might have just treated it as a violation of his parole and put him back in jail. If you want to sue him, you would have 2 years from the incident.
Answer Applies to: California
Replied: 8/19/2016
Law Ofices of Edwin K. Niles | Edwin K. Niles
Press charges is a TV term. What does it mean? Hubby can make a civil claim within 2 years of the incident. On the criminal side, it?s up to the prosecuting agency (District Attorney or City Attorney); you don't have a lot to say as they will make that decision.
Answer Applies to: California
Replied: 8/18/2016
Pius Joseph A Professional Law Corp. | Pius Joseph
It may be too late to press criminal charges unless a police report was taken immediately. Again it is the discretion of the DA to file such charges. As to civil action you have two years from date of injury. That means that you will need to file a lawsuit against the aggressor . This is an intentional action and facts will have to be assessed if insurance will cover the injury claim, if aggressor had insurance and punitive damages claim of the aggressor has assets that you can attach.
Answer Applies to: California
Replied: 8/18/2016
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