Do you need a witness to prove assault?
Thus, it is important to have substantial evidence to support the assault charges. Some types of strong evidence needed for assault charges include police reports, testimony from eyewitnesses, medical records (if applicable), and various other items that may be relevant to the assault incident.
What happens if there is no witness?
If there is no evidence, no witnesses, no statements, nothing against you, then the Prosecutor would not have much of a case. If so, charges should be dismissed. If there really is no evidence whatsoever, an Attorney would be able to work to get the charges dismissed without having to go to trial.
Can a witness to an assault press charges?
It really isn’t the victim or the witness who is pressing the charge, it is a determination made by the police. If they feel there is sufficient evidence to establish probable cause to arrest you, they may do so.
What happens if you don’t want to be a witness in court?
One common way prosecutors get witnesses to appear in court is by issuing a subpoena, a court order requiring a person to testify as a witness or produce documents that can be used as evidence of a crime. If you don’t show up in court or refuse to testify after getting subpoenaed, you will be held in contempt of court.
What is the jail time for assault?
Penalties for Aggravated Assault Aggravated assault is usually a felony punishable by approximately one to twenty years in prison, depending on the specific provisions of each state’s sentencing statute or sentencing guidelines.
Can you refuse to give a witness statement?
It can be very frustrating if somebody has evidence which is helpful or even vital to your case, and they refuse to give you a witness statement and refuse to come to court. Under Part 34 of the CPR, the court has the power to order a witness to attend court to give evidence on a particular date.