How Do I File Aggravated Assault Charges?

Reporting the crime to police is the first step in reporting an aggravated assault.
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  • Written By: G. Wiesen
  • Edited By: Heather Bailey
  • Last Modified Date: 17 July 2014
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There are a few different steps you should take to file aggravated assault charges, though the specifics can change depending on your location. You should begin by contacting local law enforcement where the assault took place; local police are typically required to file the charges for you. There are some things you should also have for filing these charges, including any medical documents and photographic documentation you may have to support the charge. You should also consult with and likely hire a lawyer to represent you as well, especially if you wish to file civil charges of aggravated assault as well as criminal charges.

One of the first steps you should take in filing aggravated assault charges is to contact local law enforcement officers. Not only will they usually help you with necessary paperwork for filing your claim, but they will also typically be required to apprehend the person being charged with the crime. They will also usually take any evidence you may have of the assault, such as witness statements, photographic evidence, and medical paperwork.


Depending on the nature of the charges of aggravated assault you are filing, you may also want to hire a lawyer to represent your interests. If you feel you are in danger of further assault, then you will likely want to file for a restraining order against the person, and a lawyer can help you with this. Legal counsel can also help you in understanding exactly what type of charges you should be filing, depending on the nature of the case, and you may find that aggravated assault charges are not necessarily appropriate in the situation.

You should also consider whether you would like to file civil charges as well as criminal aggravated assault charges against the individual. This is a separate process, and your lawyer can help you with this filing as well, and may also help you throughout the proceedings. Regardless of the nature of the assault and where it has taken place, you should file charges as soon as possible to better ensure expedient justice and to avoid any local statutes of limitations for such cases.

One final thing to consider when filing aggravated assault charges is that you should steel yourself for a long and potentially unpleasant process. You will likely need to testify during a trial and your character may come under attack as a means of trying to defend the person accused of the assault. This should not deter you, but you should be prepared for the reality of this type of case. Your involvement in the legal process may not always be pleasant, but it is essential to see justice served and can also often be an important part of moving through any trauma you may have sustained due to the assault.


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