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BrightSera
01-05-2014, 08:12 PM
I've researched how to do it, I'd like to know the general procedure of what happens when someone does it.

Simple, straightforward assault scenario. Person A is punched in the nose by person B, there is one witness. Let's say a store clerk at a convenience store. Person A knows Person B, and vice versa. Person A did not instigate or fight back. Person B leaves. Person A goes to the police station and reports the assault.

And then what? An officer takes down the information and...?

Cath
01-05-2014, 08:19 PM
Where does this happen?

BrightSera
01-05-2014, 08:34 PM
Suburbia? Small police department?

waylander
01-05-2014, 09:37 PM
in which country?

BrightSera
01-05-2014, 10:23 PM
Sorry. US?

T Robinson
01-05-2014, 11:32 PM
In your scenario, it might be a "simple assault." In real life, it is not that simple. First question: Why were the police not called to the scene? If it was at a convenience store, there might be a video record.

Either way, whether it is a patrol unit or the victim going to the station, at least the following information should be gathered: 1. Name, address, phone number, contact information from victim and any witnesses. 2. Written, signed, witnessed statements from all parties involved, to include circumstances leading up to the assault. 3. Documentation/photographs of any medical treatment and/or diagnosis. 4. Reporting officer will document details like weather, time, name/address/description of perpetrator (since victim knows who it is) If they did not, they would need things to identify when/if they caught him/her. That would involve things like vehicle identification, direction of travel, identifying features.

Those are things needed for the basic report........then, depending on the location, size of department and other factors.

(a) If the officer thinks there is probable cause, he would go before a judge (usually a magistrate) and swear out a warrant for that person's arrest. or.....

(b) If the officer or the judge thinks there is more to the story than they are hearing, they might decline and tell the "victim" their next steps. The old "extenuating circumstances," might be showing. You rarely get the complete story from anyone.


It comes down to evidence that can be put in front of a judge. I have had hundreds of people call and say, "John Doe is doing this and this and I want you to lock him up!"

I have to explain that it isn't done that way. The person making the claim has to be willing to stand in front of a judge and swear under oath that what they claim happened really did happen. That an anonymous telephone call means very little when it comes to taking away someone's freedom. That they have to be willing to get involved. 95% of the time, I never hear from them again.

So to answer your question, after all that background, what happens depends on what you intend to happen, but the actual details after the report depends on whether the victim and witness are willing to testify. If there are no curlicues, then the policeman would get a warrant and normal arrest, booking, arraignment, plea or trial, probation would follow.

Here is how I define the possible curlicue: Person B just happened to walk by the store while "victim" and witness were stealing from the store and Person B witnessed it. Person A cuts themselves, smears blood on their face and goes to police station and makes report to deflect attention from the in-house robbery. Not saying it is likely........but I have actually seen/dealt with this type scenario. Person A wound up with "false report of a crime" charge.

Trust me on this, it really happens. I had a guy wind up in jail for a year on a stalking charge. I didn't then and don't now think he did it, but his lawyer could not come up with anything to disprove the case........And if you're wondering, I told the judge of my doubts, but it did not do any good. When he got out, I told him to keep a journal of where he went, so he could prove where he was when, so he did not get in the same situation again.

King Neptune
01-06-2014, 12:12 AM
I've researched how to do it, I'd like to know the general procedure of what happens when someone does it.

Simple, straightforward assault scenario. Person A is punched in the nose by person B, there is one witness. Let's say a store clerk at a convenience store. Person A knows Person B, and vice versa. Person A did not instigate or fight back. Person B leaves. Person A goes to the police station and reports the assault.

And then what? An officer takes down the information and...?

First, thatis not"simple assault".
Assault At Common Law (http://legal-dictionary.thefreedictionary.com/Common+Law), an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.
An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal and Tort Law (http://legal-dictionary.thefreedictionary.com/Tort+Law). There is, however, an additional Criminal Law (http://legal-dictionary.thefreedictionary.com/Criminal+Law) category of assault consisting of an attempted but unsuccessful Battery (http://legal-dictionary.thefreedictionary.com/Battery).
http://legal-dictionary.thefreedictionary.com/assault


It is assault and battery

Assault and Battery Two separate offenses against the person that when used in one expression may be defined as any unlawful and unpermitted touching of another. Assault is an act that creates an apprehension in another of an imminent, harmful, or offensive contact. The act consists of a threat of harm accompanied by an apparent, present ability to carry out the threat. Battery (http://legal-dictionary.thefreedictionary.com/Battery) is a harmful or offensive touching of another.
The main distinction between the two offenses is the existence or nonexistence of a touching or contact. While contact is an essential element of battery, there must be an absence of contact for assault. Sometimes assault is defined loosely to include battery.
Assault and battery are offenses in both criminal and Tort Law (http://legal-dictionary.thefreedictionary.com/Tort+Law); therefore, they can give rise to criminal or civil liability. In Criminal Law (http://legal-dictionary.thefreedictionary.com/Criminal+Law), an assault may additionally be defined as any attempt to commit a battery.
At Common Law (http://legal-dictionary.thefreedictionary.com/Common+Law), both offenses were misdemeanors. As of the early 2000s, under virtually all criminal codes, they are either misdemeanors or felonies. They are characterized as felonious when accompanied by a criminal intent, such as an intent to kill, rob, or rape, or when they are committed with a dangerous weapon.

http://legal-dictionary.thefreedictionary.com/Assault+and+Battery


What would happen after the report would depend on who reported and to whom and where, etc.

Debbie V
01-06-2014, 07:25 PM
I once witnessed two young men hitting an older man over the head with a bicycle and then stealing the bicycle. This was at 5 AM out my apartment window in a suburban community.

We called the police. The young men were gone by the time they arrived. We were asked for descriptions of the assailants, direction of travel, and what actually occurred that night. We were also instructed to go to the local station at the start of business hours to fill out a more complete report and sign it.

Why doesn't your one witness report it? Why doesn't the victim call the police instead of going their? Both of these people are likely to have cell phones and the store has a land line. A phone report seems more likely to me that an in person one.

Does the victim have reason to believe he may be the target of further violence? This will impact the police response.

BrightSera
01-07-2014, 01:41 AM
The character would be unlikely to call when it first happened, and would probably wait almost a day later to report it. I'm unsure at this point I can legitimately write the character doing this, unless I can pull of some character growth beforehand. The character doesn't trust authority figures.