What Does It Mean to Press Charges?

What Does “Pressing Charges” Actually Mean?

“Pressing charges” is the common phrase for reporting a crime to police and asking that the person responsible be prosecuted. But here’s the part most people don’t realize: in the American legal system, private individuals don’t actually file criminal charges – prosecutors do. When someone “presses charges,” what they’re really doing is filing a police report and cooperating with an investigation; the decision to formally charge someone with a crime belongs to the prosecutor’s office, not the person who was harmed. This is the single most misunderstood part of the phrase, and it’s the reason so many closely related “meaning” searches exist for this term.

For the practical, step-by-step version of this process, see our companion guide: How to Press Charges: Step-by-Step.

Who Actually Decides to Press Charges?

The short answer: the prosecutor (also called the district attorney or state’s attorney, depending on the jurisdiction), not the alleged victim. Here’s how the roles actually break down:

• The person who was harmed reports the incident to police and provides a statement. This initiates the process but doesn’t guarantee a charge will be filed.
• Police investigate and gather evidence — witness statements, physical evidence, medical records, and so on.
• The prosecutor reviews the evidence and decides whether there’s enough to formally charge the accused with a crime. They can proceed even if the person harmed later expresses reluctance, and conversely, they can decline to charge even if the person harmed strongly wants them to.

This is why “pressing charges” is more accurately described as initiating a report that may lead to charges rather than a legal action a private citizen performs directly.

What Happens After You “Press Charges”

1. You file a police report describing what happened.
2. Police investigate, which may include interviews, evidence collection, and sometimes an arrest.
3. The case is referred to the prosecutor’s office.
4. The prosecutor decides whether to formally charge the accused, and with what specific offense.
5. If charged, the case proceeds through arraignment, pretrial, and potentially trial.

For a closer look at what this looks like once it’s underway, see What Happens When You Press Charges Against Someone.

Common Misconceptions About Pressing Charges

“I can drop the charges whenever I want.” Not quite. You can decline to cooperate further, but once a prosecutor has filed charges, the case belongs to the state — not to you. Prosecutors can, and sometimes do, proceed without the cooperation of the person originally harmed, particularly in cases involving domestic violence.

“If I don’t press charges, nothing happens.” Police can still investigate and prosecutors can still file charges based on other evidence — witnesses, video, physical evidence — even without an active complaint from the person harmed.

“Pressing charges costs money.” Reporting a crime and cooperating with prosecution generally doesn’t cost the person harmed anything directly; it’s a public process handled by law enforcement and the prosecutor’s office, not a private legal filing you pay for.

Is It Worth Pressing Charges?

This is a genuinely personal decision that depends on the situation, the relationship involved, and what outcome you’re hoping for. We’ve dedicated a full guide to walking through that decision with care: Is It Worth Pressing Charges? Pros, Cons & What to Expect.

Frequently Asked Questions

Talk to an Attorney

Whether you’re deciding to report an incident or responding to one, understanding how this process actually works — and who controls it — matters. Speak with a criminal defense attorney if you’re facing a charge, or a victim’s advocate if you’re considering reporting one.