Ask a Lawyer and Get Answers to Your Legal Questions
Hi - my name is ***** ***** I'll be glad to assist.
Depending on the facts and evidence that is gathered by the investigation, the next step would either be (1) to charge you with assault/battery (fighting) or (2) no charge you (if there's not enough evidence). Which occurs depends on what the facts show. Thus, it is likely a good thing that you didn't give a statement as you don't want to incriminate yourself.
It doesn't have to be soon....it could be a year or longer before you are charged/arrested, etc. But, if something is going to come of this, it would usually happen pretty quickly -- within a few weeks.
Yes, that can be enough....if a witness claims that you started it or that you struck someone, that can be enough to charge you. That said, you can certainly defend yourself and explain that the accuser is not telling the whole story, that you were attacked and you just defended yourself, etc.
If you were just defending yourself, it certainly may be beneficial to you to tell the investigator that as it could prevent you from being charged and arrested.
Yes, you can be charged if you admit to striking someone......but if you can explain that you were defending yourself and that the other person was the aggressor, then you could possibly avoid being charged.
Also, you could file charges against the person who struck you in order to help support your claims.
I can't say for sure......but it is likely that they don't want to arrest anyone until they have all of the facts available/possible.
But, if you can justify your actions, it is likely to inform the investigator of that information so it can be considered when completing his investigation......yes, these type cases can usually be investigated thoroughly within a few days to a week.
The alternative is to do nothing and see what happens.....you can always give your side of the story to the judge if / when you are arrested. But, that's a decision you'll have to make.
No problem and good luck with this. If you were reacting and defending yourself, you should have a legitimate defense, which should allow you to minimize your exposure in all of this.
Thanks for your question and please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!