How long do I have to file criminal charges?
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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 13 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.
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