Question: What Happens After You Get Charged?

What does it mean when you have been charged?

When a person is charged with a crime, a formal allegation (a statement not yet proven) of an offense is made.

We typically refer to charges in the context of criminal law, which concerns crimes considered to harm society or the state.

One can be charged with lesser crimes, too, called misdemeanors..

How long do police have to charge you?

For most crimes, the state loses the power to charge you with a crime 5 years after the crime is committed. Like most other facets of the law there are exceptions, here are a few. If the crime committed was rape there is no statute of limitations.

What’s the difference between being charged and convicted?

A person charged with a crime is, by law, Innocent. Being convicted of a crime means that the person has plead guilty or has been found guilty after trial. A person convicted of a crime is, by law, Guilty. … ‘ Fortunately, the government needs significantly more evidence to convict someone of a crime.

How does being charged with a crime work?

The police can charge you if they believe you have broken the law. The court will then hear the evidence and decide if you are guilty and what the penalty should be.

Is Assault worse than battery?

In some jurisdictions assault is defined as the threat of bodily harm that reasonably causes fear of harm in the victim while battery is the actual physical impact on another person. If the victim has not actually been touched, but only threatened (or someone attempted to touch them), then the crime is assault.

What is the lowest assault charge?

Simple and Aggravated Assault Simple assault, usually charged as a misdemeanor, is the least serious form of assault. It involves minor injury or a limited threat of violence. In states where assault is a physical attack, pushing someone or slapping someone in an argument are instances of simple assault.

What happens after you’re charged with a crime?

You will be introduced to the judge overseeing your case, as well as the prosecution, and learn about what crimes you are being charged with. At this point, you may enter a plea of guilty, not guilty, or no contest – any of which you can change at a later date.

What happens when you are charged with assault?

Common Assault Common assaults are charged under s 61 of the Crimes Act 1900 and are usually dealt with by a Local Court; however the prosecution can elect to have them dealt with in the District Court. … In New South Wales, common assault carries a maximum sentence of two years imprisonment or fines of up to $2,200.00.

Does being charged go on record?

Offences will generally be on your record for the next ten years after the date of conviction. After that time, most offences will become spent convictions and you will no longer have them on your criminal record. … If you are a NSW resident, it is possible to request a check from the NSW police Criminal Records Section.

Who decides if charges are filed?

The Prosecution must prove its case to the criminal standard of beyond reasonable doubt. The Magistrate hears all the evidence and decides the verdict. If it is a guilty verdict, the Magistrate will either impose a sentence, or set a later date for when a sentence will be imposed.

Is it assault if they hit you first?

While it might not be the most common of defenses to assault and battery charges, striking a person before they hit you is a valid legal defense. … The man who struck the person who assumed the combative position reasonably believed that he was in danger of violence, and thus acted in self-defense by striking first.