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How do I File Aggravated Assault Charges?

By G. Wiesen
Updated May 17, 2024
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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.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
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Discussion Comments

By RocketLanch8 — On Aug 05, 2014

I can understand why some people would be reluctant to file aggravated assault charges against an attacker. They may just want to put the whole thing behind them and move on with their lives. Filing aggravated battery or assault charges might put them in danger if the assailant gets back on the street. I might have to think twice before filing criminal assault charges if I had a choice, but sometimes people do need a wake-up call. They can't keep using violence against other people.

By mrwormy — On Aug 04, 2014

I was fortunate that someone called the police during my assault, so the police actually filed the aggravated assault charges for me. I was working as a loss prevention agent at a department store and I noticed someone stuffing items into his jacket. I was wearing plain clothes that day, so I hit my panic button and waited for the uniformed guards to arrive.

The shoplifter saw the uniforms and grabbed me from behind. He hit me with something hard a few times and I kicked him. Fortunately, another customer called 911 and the man was charged with aggravated battery and criminal assault. I did have to testify at his trial, but fortunately I had a lot of witnesses and some good video footage.

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