Policy Text
POLICY
143.0ASSAULT
REVISED: 11/2011 RELATED POLICIES:
Reviewed by Chief David Magnusson
4/2019
A.An assault is a misdemeanor and, therefore, no arrest may be made unless it occurs in an
officer's presence. An assault is an intentional, unlawful threat by word or act to do
violence to another, coupled with an apparent ability to do so, and doing some act which
creates a well-founded fear in such other person that such violence imminent. See
Domestic Violence Exceptions.
B.An aggravated assault is an assault with a deadly weapon without intent to kill, or with an
intent to commit a felony. An aggravated assault is a felony, and an arrest can be made
on probable cause.
C.An officer investigating this type of call should first ascertain if the victim intends to
prosecute the offender, etc. "Lack of Prosecution" should be explained to the victim. The
officer shall write an O.I. in all cases.
1.If the victim indicates that he/she does wish to prosecute, complete the police
report and have the victim author a sworn affidavit.
2.If the victim does not wish to prosecute, have the victim sign a Non-Prosecution
Form.
D.The responding officer is responsible for any follow-up of an aggravated assault,
including the taking of statements if necessary. If the misdemeanor assault did not occur
in the officer's presence, the victim should be given the instruction sheet for obtaining a
warrant, and the Offense Report number needed to obtain a copy of the report.
E.Felonies must be filed at the State Attorney's Office by the investigator and should be
presented along with the subscribed police report and statements, if any, and a warrant
requested.
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