Legal Question in Criminal Law in Minnesota
assault
can an assault charge be filed by anyone but the victim if the victim does not want to press charges?
2 Answers from Attorneys
Re: assault
It is a common misconception that a person presses or declines to press criminal charges. The fact is that if there is a basis to believe the law has been violated, law enforcement may send reports to the prosecutor to seek criminal charges. Criminal charges may be brought whether or not the alleged victim wishes them to be.
In an assault case, it may be very difficult to successfully prosecute the case if the alleged victim is uncooperative. That does not mean a prosecution cannot proceed. It may proceed if there are witnesses to the assault or if the victim made statements to police that point to an assault.
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Re: assault
Yes. Criminal charges are filed by prosecuting attorneys, often at the request of police officers.
FFI: http://www.liberty-lawyer.com/domesticcrimecharges.html
http://www.liberty-lawyer.com/domesticcrimecharges/domesticstatutesmn.html
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