How long do I have to file criminal charges?

Get Legal Help Today

 Secured with SHA-256 Encryption

How long do I have to file criminal charges?

I was assaulted by the owner of the establishment that I worked for. I filed a police report and wasn’t sure how long I have to file criminal charges to the magistrate. It happened on the premises of my employment at the time and was witnessed by the assistant GM, plus part of it was caught on security tape. I don’t think its right for an owner to assault an employee and feel he can get away with it scott free. I am now jobless.

Asked on May 6, 2011 under Criminal Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) You don't file criminal charges; the state does. If you feel the police aren't taking the situation seriously, you should talk to higher-level supervisors and/or talk directly to the district attorney's office (or county or municipal prosecutor--whomever covers this jurisdiction).

2) If you were assault, you can sue the owner and his business for assault. You should be able to recover for any medical costs, pain and suffering, possibly punitive damages.

3) You may also be able to sue for lost wages for being fired, if you were fired (or had to quit) because of a criminal act (assault) by the owner; this may constitute wrongful termination.

Based on 2) and 3) above, you should discuss this matter in detail with an attorney, to see whether you in fact have a case, what it might be worth, and what it might cost to pursue it. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption