Assault & Battery Regarding possible aggravated assault?

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vapor

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if a neighbor pushes his way into your home with a baseball bat to complain about noise. While holding the bat in a raised and seemingly threatening position. 1: does that constitute aggravated assault? 2: is it a felony? 3: How long might the statute of limitations be for reporting it.

background, btw this is in california as I know california tends to have unique outlook son some of these issues. I have lived in same apartment for several months without prior incident or complaints from any neighbors, nor has any other contact with person involved been anything but friendly or cordial, Several other tenants have stated they have had similar experiences with this particular individual. incident started as we had several co-workers over for a going away gathering, apparently the neighbor involved had been knocking on the door then running away before we could answer. it was not until a woman stood at the peep hole waiting to see who was knocking and opened the door and caught him that he the pushed into our home spouting expletives and stating he knew what "game" we were playing.
 
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if a neighbor pushes his way into your home with a baseball bat to complain about noise. While holding the bat in a raised and seemingly threatening position. 1: does that constitute aggravated assault? 2: is it a felony? 3: How long might the statute of limitations be for reporting it.
It depends on all the circumstances. It could be as serious as assault with a deadly weapon (a felony pursuant to PC 245), as low as trespassing in an occupied dwelling (a misdemeanor per PC 602.5), and maybe a little more serious as brandishing (another misdemeanor pursuant to PC 417).

If a felony, the SOL is three years - the misdemeanors must be filed within one year. However, the longer you wait, the less likely the matter will be taken seriously.

Of course, the police will want to also hear the neighbor's account.

- Carl
 
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