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Arrest For Battery In King
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State:
Multi-State
County:
King
Control #:
US-000280
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FAQ
If someone is pressing charges, the detective will be in touch to obtain further details for the investigation and to be sent to DA or prosecuting attorney to see if there is enough to prosecute. If their is harm or damage, the person can be released on bail after seeing a judge.
If you are attacked, YES you can press charges even if coming out on top. It is probably advisable to press charges, particularly if the evidence is on your side, because your assailant may otherwise claim that you were the aggressor and sue you. Can you sue someone for assaulting you?
Felony Hearing (Preliminary Hearing) At the felony hearing, the prosecutor must establish reasonable cause that a crime occurred and present testimony that the defendant committed the crime. The victim and/or witness must be present to testify during this proceeding.
A: The statute of limitations on filing charges in California depends in part on the type of crime. If, for example, it is a personal injury claim, the charges would have to be brought within two years. If the claim was regarding damaged property, the case would need to be initiated within three years of the incident.
Call 311 or 212-NEW-YORK (212-639-9675) for help.
Assault in the Second Degree is a “D” violent felony and is therefore punishable by time in state prison – a presumptive mandatory two years up to seven years or five years probation. Assault in the First Degree is a “B” violent felony with a sentence up to 25 years in prison and a minimum of five years in prison.
California Penal Code § 837 PC permits you to make a citizen's arrest if you witness a misdemeanor or felony crime or have reasonable cause to believe someone committed a felony. To do so, you must inform the person you are arresting and provide a reason for the arrest.
Simple assault in California is a misdemeanor crime that can be punished by up to six months in jail, a fine of up to $1,000, or both.
The term battery, which in many other jurisdictions refers to the willful and unlawful use of physical force against another person, is not a distinct crime in New York. Instead, actions that would traditionally be classified as battery fall under New York's legal definition of assault.
The assault provision of 18 U.S.C. § 351(e) divides assault into two categories: those that result in personal injury, which are punishable by 10 years of imprisonment and a fine; and all others, which are punishable by one year of imprisonment and a fine.