[Constiara]

My question involves criminal law for the state of: Missouri
I was a victim of an assault today.The person whom assaulted me was not arrested at the scene.My question is> If you commit assault is it not the law to be arrested?
Also what exactly is the difference between assault and assault/battery?
The person who assaulted me was my neighbor and she is comfortable in her home as we speak while I am here having to answer questions from my children on where the injuries came from.
Please help.

Forgot to mention that there were threats made snet via email the day prior to the assault,does that make the crime any different?

[aardvarc]

Generally speaking, assault is an "actionable threat" - something that someone threatens AND has the perceived ability to carry it out. If I walk up to you and say "I'm going to kick your butt", I've just assaulted you. If I say "I'm going to hit you with this bat", I've committed aggravated assault (aggravated due to the weapon causing greater fear of more damage). If I ACTUALLY hit you, that's a battery. Hitting with the bat or causing grave injury ups it to aggravated battery (over generalized, but you get the picture; assault is the causing of fear with apparant ability to carry out a deed; battery is the actual physical contact).

Just because she was not arrested today does not mean she won't be. Despite what you see on television, there are only a few exceptions where an officer can arrest for a crime they did not witness. When officers arrive and the crime isn't in progress, or, officers arrive and can't tell "who started it" or who the actual victims vs. perpetrators are, the normal course of events is that officers take statements from victims, suspects, and witnesses, conduct their investigation, and the results are turned over to the district attorney who decides if criminal charges will be filed. Typically in a battery, one party says they were attacked, the other party says it was self defense or mutual combat, and the DA sorts it out and decides whether to charge one party, both parties, or no one. Be patient - the system isn't quick. You can usually call the police dept a few days after the incident and get an update on the status and/or a copy of the police report.

[Advice]

Constiara,

Even if criminal charges are not pursued against your neghbor for whatever reason, you may have a solid CIVIL claim for battery against your neighbor. However, there must be some damages in order to prevail. Did you have to obtain any medical treatment due to the injuries? Were there any cuts or any scars left from the incident? I have handled battery claims before, and the civil system may provide a better remedy for you than the criminal system. Thanks.