In California, you don’t file assault charges yourself — you report the assault, and the District Attorney decides whether to file. That distinction shapes everything about how to file assault charges in California: your job is to give the prosecutor a case strong enough to charge. A detailed police report, preserved evidence, and cooperation with the investigation are what put the process in motion, and the same report unlocks protections that don’t depend on prosecution, including restraining orders and up to $70,000 in state victim compensation.
Who Actually Files the Charges
Only a government prosecutor, usually the District Attorney, can bring criminal charges in California. The DA represents the People of the State of California, not you personally, and decides whether to file based on the strength of the evidence and the public interest. You cannot force the DA to file, and you cannot stop them from filing if they decide to move forward.
What you can do is make filing the obvious choice. A thorough police report, corroborating witnesses, medical records, and preserved evidence all make it harder for a prosecutor to pass on the case.
How to Report the Assault
If the assault is happening now or just happened and you’re still in danger, call 911. For anything older with no active emergency, call the non-emergency line for your local police department or sheriff’s office, or walk into a station and file in person.
Before you call or go in, pull together as much of the following as you can. Officers will ask for it, and having it ready produces a stronger report:
- The exact date, time, and location of the incident.
- The assailant’s name if you know it, or a physical description: height, weight, hair and eye color, tattoos, scars, clothing.
- A factual, chronological account of what happened. Stick to what you saw, heard, and felt.
- Any threats or statements the assailant made, as close to the exact words as you can recall.
- Names and contact information for any witnesses.
- A description of your injuries, however minor. Photograph visible injuries immediately, and keep photographing them over the next several days as bruising develops.
The officer will take your statement and write a formal report. Under California’s public records law, crime victims are entitled to disclosure of information from that report, including witness statements and incident details.1California Legislative Information. California Government Code 6254 Ask the officer how to request your copy once the report is finalized.
Describe What Happened Accurately: Assault or Battery
California treats assault and battery as separate crimes, and describing the incident accurately helps the DA file the right charge. Assault under Penal Code 240 is an attempted act of violence where the person had the present ability to carry it out — no contact required. Someone swinging at you and missing, or charging at you with a raised fist, is assault.2California Legislative Information. California Code PEN 240 – Assault
Battery under Penal Code 242 is the actual use of force or violence on another person.3California Legislative Information. California Code PEN 242 – Battery If someone punched, shoved, or grabbed you, that’s battery. If you were physically struck, say so clearly. If you were threatened with imminent violence but not touched, that’s still a crime worth reporting. Weapons, serious bodily injury, and certain victim categories elevate the charge and the penalties, so mention any weapon involved and any injury you sustained.
What Happens After You File the Report
Once the report exists, a detective may be assigned to investigate. That can mean re-interviewing you and any witnesses, pulling surveillance footage, obtaining your medical records, and attempting to interview the accused. How deep the investigation goes depends on the severity of the offense and what evidence is already in hand.
When the investigation is done, law enforcement sends the report and collected evidence to the District Attorney’s office. A prosecutor reviews the file and decides whether there’s enough to prove the crime beyond a reasonable doubt. They weigh the severity of the assault, the strength and consistency of the evidence, and the credibility of witnesses. If the case meets their threshold, charges are filed. If not, the case may be declined or sent back for further investigation.
Don’t Wait: California’s Deadlines
California limits how long a prosecutor has to file charges. For simple assault, a misdemeanor, the deadline is one year.4California Legislative Information. California Code PEN 802 – Misdemeanor Statute of Limitations For felony assault charges like assault with a deadly weapon, the limit is generally three years. If the clock runs out, charges are typically dismissed even when the evidence is strong.
Delay hurts in another way too. Witnesses forget details, surveillance footage gets overwritten, and injuries heal. A same-day or next-day report carries far more weight than one filed weeks later.
If the DA Declines to File
A prosecutor’s refusal to charge isn’t necessarily the end. California law allows any person to initiate a misdemeanor prosecution by filing a sworn written complaint, sometimes called a citizen’s complaint.5California Legislative Information. California Code PEN 740 – Complaint Requirements You submit it to a magistrate, who reviews it and decides whether to issue an arrest warrant or summons. In practice this path is uncommon and works best with an attorney’s help, but it exists.
Civil court is the other option. A criminal case requires proof beyond a reasonable doubt; a civil suit for assault or battery requires only a preponderance of the evidence, a significantly lower bar. A civil suit can’t put the assailant in jail, but it can produce a money judgment for medical bills, lost wages, pain and suffering, and other damages. Some victims pursue civil remedies whether or not criminal charges get filed.
Your Rights Once You’ve Reported
California’s Marsy’s Law, part of the state constitution, gives crime victims enforceable rights throughout the process.6Justia Law. California Constitution Article I – Section 28 You have the right to reasonable protection from the accused, notice of public proceedings, the right to attend and be heard at bail, plea, sentencing, and release hearings, the right to submit a victim impact statement, the right to restitution from the defendant, and the right to refuse interviews or discovery requests from the defense.
Many DA offices have victim advocates on staff who explain these rights, tell you where the case stands, coordinate your court appearances, and connect you with counseling or shelter services. Ask the DA’s office whether an advocate is available for your case.
Getting a Restraining Order
You don’t have to wait for charges to get protection. California’s civil courts issue restraining orders independent of any criminal case. If the assailant is a current or former spouse, domestic partner, or close family member, you file for a Domestic Violence Restraining Order using form DV-100.7California Courts. Request for Domestic Violence Restraining Order For a neighbor, coworker, acquaintance, or stranger, you file a Civil Harassment Restraining Order on form CH-100.8California Courts. Request for Civil Harassment Restraining Orders
A judge can issue a temporary order the same day you file, before the other person is notified. A hearing follows within a few weeks, and if the judge grants a permanent order, it can last up to five years and may be renewed.9California Legislative Information. California Family Code 6345 – Duration of Restraining Order There is no filing fee for domestic violence orders. Civil harassment order fees vary by county, and fee waivers are available.
Victim Compensation up to $70,000
The California Victim Compensation Board (CalVCB) reimburses crime victims for out-of-pocket costs caused by the crime, up to $70,000.10California Victim Compensation Board. What Is Covered Covered expenses include medical and dental treatment, mental health counseling, lost income for up to five years if the crime caused a disability, and relocation costs when moving is necessary for safety.
CalVCB is a payor of last resort, so it covers what remains after insurance and other benefits.11California Victim Compensation Board. For Victims Apply online through the CalVCB website, through a county Victim Witness Assistance Center, or by mailing a paper application. Include copies of your police report, bills, and receipts. The police report is a practical prerequisite: CalVCB needs documentation that a crime occurred, which is one more reason to file promptly even when you’re unsure whether the DA will charge.