El Paso, TX asked in Criminal Law and Federal Crimes for Texas

Q: If an assault happened in the past but cops where never called but have pictures to prove the assault can anything

Can i do anything if the assault happened but i have pictures to prove the assault. I had brusies a busted lip.

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Limitations is 2 years on misdemeanor assault so, if you convince law enforcement to file charges, they COULD legally be filed up to 2 years from the date of the incident.

That said, photos just prove you had bruises and a busted lip at some time in the past. Photos do not prove HOW these injuries happened, WHEN they happened, WHERE they happened, WHO causes the injury. Photos also do not prove WHO started the fight, photos can't show that the force used against you was not justified by self-defense or defense of property. It is possible, although unlikely, that law enforcement could believe that YOU were responsible for the fight and arrest YOU for assaulting the other person. It is actually not unusual for the cops to arrest the person that called 9-1-1 in a domestic violence situation.

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