A police report was filed against R&B artist, Sean Combs, aka “Diddy,” accusing Combs of committing the crime of battery against real estate agent, Gerard Rechnitzer. Read the full story at CourtTV.com by clicking here.
Filing a police report against another person does not automatically mean that the accused has committed a crime. However, when a police report is filed, the police are under a duty to investigate whether a crime actually has been committed. If the police determine that a crime has been committed, then further investigation will be conducted to gather sufficient evidence for a prosecution of the accused. Alternatively, the police may come to a determination that no crime has been committed.
Once an investigation has continued to a point where sufficient evidence has been gathered, the case is recommended for prosecution to the Couty District Attorney or City Attorney. In some cases, if a federal crime has been alleged, then federal investigators and prosecutors will take over prosecution of the case.
Thus, Rechnitzer’s police report complaint is merely the first step in a potential criminal prosecution against Combs.
It is important to note that a battery (which is generally defined as, “a harmful or offesive touching”) can be both a criminal act, and a civil cause of action. In other words, if Combs actually did punch Rechnitzer, as is alleged, then Combs could not only be facing criminal prosecution, but also a potential civil lawsuit.
Of course, if found liable for battery in a potential civil lawsuit, Combs could be required to pay monetary damages for any injuries the plaintiff may have sustained as a result of the battery.