Buena Park, CA asked in Criminal Law for Arizona

Q: I was recently charged with a felony assault. Can I file charges on my"victim" for assault and trespass?

I am a woman and this came into my home and hit first. He was not invited in, cI've never met this man before. I didt talk to the police when they arressted me. The incident was almost 2 weeks ago, I still haven't been given an attorney so I have nobody to andwer these questions for me.

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1 Lawyer Answer
Priscilla Frisby
Priscilla Frisby
  • Criminal Law Lawyer
  • Tucson, AZ
  • Licensed in Arizona

A: The only entity that can file criminal charges against any person is a Federal, State, City or Town prosecutor. If the police spoke to all parties involved and did not refer the case to the prosecutor for charges against the alleged "victim" in your case, then it will be really hard to get criminal charges against the alleged victim.

A lot depends on the facts of your case, it seems very strange that they would accuse you of assaulting an intruder in your home..... I would need to know more facts to provide better advice.

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