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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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I was assualted by the women I live with (I am a women too).

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I was assualted by the women I live with (I am a women too). I filled a police report, but no charges. This happened in July 5, 2011. Can I still press charges and sue for damages?



Do you mean the incident happened on July 5 2010? You have 2011? What state?

Customer: replied 5 years ago.
Yes, July 5, 2010. State of California



Yes, you still have time to proceed with criminal prosecution and then a lawsuit for your medical bills


I suggest you contact the police agency you reported this to and see if they have passed this on to the District Attorney. You may also contact the District Attorney directly and discuss prosecution.


The statute of limitations is one year on a misdemeanor.


You will need a local private civil attorney to handle the lawsuit.


Customer: replied 5 years ago.
There were no medical bills. I was hit with a fist to my jaw, twisting my neck and had severe back problems for a month. We worked it out, but it was a major inconvience, lost work, lost money and time. The paramedics came to our home and assessed me and did not think needed to go to Emergency room. Report of pain & restricted movement in back/neck, swelling at right jaw and elevated blood pressure @ 180/100. My normal 110/60. Do I still have a case. And what should I tell the assalant (women who hit me). We still live together. Of course when ever talked about, she diminishes every detail about it.



I see. I am sorry this has happened to you. It sounds painful.


So are you interested in pursuing criminal charges? That might be difficult if you remained with her. In the eyes of the court, you have forgiven her.


Customer: replied 5 years ago.
Unfortunately I was not financially able to move or believe me I would have! I was basically stuck financially. I am on disability and a fixed income with no savings. I had no place to go! Would this be taken into consideration? I am a good person and do practice forgiveness, but I'm sure you can see my dilemma.



I see. I am sorry that you have been forced to remain with your attacker.


Yes, it could be considered. I suggest that going to the District Attorney is the way to proceed. Once you have decided that you will follow through on the prosecution, then you will need to decide what to do about other living arrangements and your relationship





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