Everyone in America has the right to file a complaint against someone who has abused their person or their rights. In many cases, that complaint will lead to criminal charges and an arrest warrant against the offender. Yet, criminal charges are filed at the discretion of the district attorney’s office, either in a state or local municipality, or in federal courts. If they decline to file charges, the one filing a criminal complaint has the option to pursue a civil case against the offender, as well.
How to File Criminal Charges
There are a number of steps required in filing criminal charges for some type of offense, such as burglary, domestic violence, assault, fraud, slander, and more.
- Call the police – they will investigate the scene, gather evidence, and find witnesses, all in a police report
- The law enforcement official will either determine if criminal charges are appropriate or turn in the police report to the district attorney’s office, asking them to determine if there is cause to file criminal charges. The case may be rejected altogether by these officials, as well.
- The victim should retain their own attorney to help pursue the case and ensure that the police and the courts are doing all they can to protect the victim and their rights
- Obtain medical reports if there is physical and medical damage and submit those reports to the police and to an attorney. Obtain pictures if there are visible marks of any injury done
At that point, a victim generally must wait for the legal process to proceed. Those who have retained an attorney will have their help pursuing the case and making sure it is given the appropriate attention.
Criminal Offenses to Press Charges for
There are a number of offenses for which a victim can file a police report and instigate criminal charges against another:
- Assault and battery – in which one person attempts or performs bodily injury on another or acts in such a way as to threaten another
- Domestic violence – physical harm inflicted by one member of a family or household on another
- Burglary – the unlawful entry into a structure to which they are not legally permitted, with the intent to commit a crime.
- Harassment – persistent and unwanted behavior that is disturbing or upsetting. It can commonly occur in an office setting or when a creditor continually and repeatedly calls the debtor, asking for payment. It is illegal for a creditor to continue to do so if the debtor has requested that they cease in writing.
- Theft/burglary – the taking of anything of value without the consent of the owner, with the intent to permanently deprive the owner of that property or its corresponding value.
- Fraud and identity theft – willfully taking the identity information of another person, using it to purchase goods, intangible property, or data.
- Slander – harmful statements about another person that are intended to sound factual, but present a negative image of that individual
Winning a Criminal Case
If there is sufficient evidence to prove the state’s criminal charges against an offender, many times their attorney will advise their client to admit their guilt, fall on the mercy of the prosecutor, the district attorney, or the court, and request a reduced charge. If the defendant continues to contest the charges, the case will generally end up in court. The victim and their attorney can then provide valuable assistance to the prosecutor in proving their case against the suspect. If the defendant is found guilty, they may face fines and/or jail or prison time.
