You can’t personally press charges if someone throws something at you — only a prosecutor can file criminal charges. What you can do is report the incident to police, hand over your evidence, and cooperate with the investigation. If the evidence supports it, the prosecutor decides whether to bring charges like assault, battery, or reckless endangerment. Separately, you can sue the person in civil court for your injuries and losses, whether or not any criminal case ever gets filed.
Who Actually Decides to File Charges
“Pressing charges” is one of the most misunderstood phrases in criminal law. The charging decision belongs to the prosecutor — a district attorney, county attorney, or state’s attorney depending on where you live. You can request charges, push for them, or refuse to cooperate, but the prosecutor weighs the evidence and decides. Your job as the victim is to report the crime, provide what you have, and make yourself available as a witness.
Two things surprise people about this. A prosecutor can file charges even when you don’t want them to, if the evidence is strong and public safety is a concern. More often, a prosecutor can decline to file even when you badly want them to — if the evidence is thin, witnesses are shaky, or the office is triaging other cases. When that happens, your civil option is still there.
Criminal Charges That Might Apply
The specific charge turns on what was thrown, whether it hit you, and how badly you were hurt.
- Simple assault. In most states, throwing an object at someone with intent to cause fear or harm qualifies as assault even if the object misses. Under federal law, simple assault carries up to six months in jail; state penalties vary but usually treat it as a misdemeanor with up to a year.1Office of the Law Revision Counsel. United States Code Title 18 – 113 Assaults Within Maritime and Territorial Jurisdiction
- Battery. If the object hits you and causes injury, the charge often escalates to battery. Assault is about the threat or attempt; battery involves actual harmful contact.
- Aggravated assault. When the thrown object qualifies as a dangerous weapon — and everyday items like chairs, rocks, or bottles can qualify when used with intent to injure — the charge jumps to aggravated assault, typically a felony. Federal law authorizes up to ten years in prison for assault with a dangerous weapon.2United States Sentencing Commission. Amendment 6141Office of the Law Revision Counsel. United States Code Title 18 – 113 Assaults Within Maritime and Territorial Jurisdiction
- Reckless endangerment. If the person threw the object carelessly rather than deliberately, say hurling a bottle in a crowded space without targeting anyone, the charge might be reckless endangerment. Penalties are usually lighter, but it still creates a criminal record.
- Disorderly conduct. When the incident disrupts the peace in public but doesn’t rise to assault, disorderly conduct may apply. This is the lightest option and often results in a fine.
The object matters more than most people expect. Federal sentencing guidelines define a “dangerous weapon” broadly enough to cover any instrument used with intent to cause bodily harm.2United States Sentencing Commission. Amendment 614 The FBI classifies aggravated assault as an attack “usually accompanied by the use of a weapon or by other means likely to produce death or great bodily harm,” which includes attempted attacks where serious injury would have resulted.3Federal Bureau of Investigation. Aggravated Assault
If the person threw something at you because of your race, religion, national origin, gender, sexual orientation, gender identity, or disability, federal hate crime law adds a separate layer. Under 18 U.S.C. § 249, willfully causing or attempting to cause bodily injury based on a protected characteristic carries up to 10 years in federal prison, and longer sentences apply where the attack results in death, involves kidnapping, or includes an attempt to kill.4Office of the Law Revision Counsel. United States Code Title 18 – 249 Hate Crime Acts Most states also have their own bias enhancement statutes. If you believe bias motivated the attack, say so in your police report.
Reporting It to the Police
Reporting the incident is the single most important step if you want the criminal system involved. The report creates an official record, triggers an investigation, and gives the prosecutor something to evaluate. Without it, there’s essentially no path to criminal charges.
Contact your local law enforcement agency. Most take reports in person, by phone, or online for non-emergency incidents.5USAGov. Report a Crime Give the time, location, a description of what happened, and the identities of any witnesses. Be specific about what was thrown, whether it hit you, and any injuries. Officers will likely ask for supporting documentation such as photographs of injuries or medical records.
File as soon as you can. Memories fade, witnesses scatter, and security footage gets overwritten on a short cycle. If you were hurt, describe the severity — that influences whether the case is treated as simple assault or something more serious. One warning: filing a report you know to be false is itself a crime in every state, ranging from misdemeanor to felony depending on where you are. Stick to what actually happened.
Evidence to Collect Right Away
Strong evidence separates a case that moves forward from one that stalls. Start collecting immediately.
- Photos and video. Photograph any injuries, the scene, and the object if it’s still there. Check for nearby security cameras and ask bystanders if they filmed anything. Request copies before the footage is overwritten.
- Witnesses. Get names and contact information for anyone who saw what happened, and ask them to write down what they observed while it’s fresh.
- Medical records. If you were hurt, see a doctor right away. Records create a time-stamped link between the incident and your injuries. This helps both a criminal case and any civil claim.
- Your own notes. Write down what you remember as soon as you can — the sequence, what was said, how you felt. If pain or emotional distress continues, keep a journal.
The same photographs and medical records that help the prosecutor build a criminal case also support a civil lawsuit. Collecting everything early keeps both doors open.
How the Prosecutor Evaluates the Case
Once the report is filed, the prosecutor reviews the evidence and asks two questions: is there probable cause a crime occurred, and is there enough to prove it beyond a reasonable doubt at trial?
Intent is where these cases get complicated. The prosecutor has to sort out whether the person meant to hurt or frighten you, or whether the throw was accidental or reckless. Someone winging a glass at your head during an argument looks different from someone whose frisbee sailed off course. The object and the context matter too — a heavy or sharp object thrown in close quarters points toward serious charges more than a lightweight item tossed from a distance.
Prosecutors also weigh practical things: how cooperative the witnesses are, whether there’s video, whether the defendant has a record, and how the case stacks up against others competing for court time. A decision not to file isn’t a finding that nothing happened — it usually means the office doesn’t think it can prove the case beyond a reasonable doubt. Your civil option is unaffected.
Suing in Civil Court
Criminal and civil cases run on separate tracks. You can pursue both, or either one alone. A civil case is about compensating you for your losses rather than punishing the defendant, and it uses a lower standard of proof: more likely than not, rather than beyond a reasonable doubt.
If someone deliberately threw an object at you and hurt you, the usual fit is an intentional tort claim — the civil counterpart to assault or battery. If the throw was reckless rather than deliberate, a negligence claim may fit better. Either way, you can seek compensation for medical expenses, lost wages, pain and suffering, and emotional distress. In cases of especially outrageous conduct, courts can add punitive damages on top, though these aren’t handed out routinely.
One practical wrinkle: winning a judgment and collecting on it are different things. Homeowners’ and renters’ insurance policies almost always exclude the policyholder’s intentional acts, so if the throw was deliberate, the insurer will likely refuse to pay. That doesn’t mean a lawsuit isn’t worth filing, but be realistic about collectibility if the defendant has no assets.
Civil claims have filing deadlines called statutes of limitations. For assault and battery, these commonly fall in the one-to-three-year range depending on the state. Missing the deadline forfeits the claim entirely, so talk to an attorney early if you’re leaning this way.
Restitution and Victim Compensation
If the defendant is convicted, the sentencing court may order restitution — a direct payment to you for crime-related expenses like medical bills and lost wages. For certain federal offenses, restitution is mandatory.6Office of the Law Revision Counsel. United States Code Title 18 – 3663A Mandatory Restitution to Victims of Certain Crimes
Separately, every state, the District of Columbia, and most U.S. territories run a crime victim compensation program that reimburses out-of-pocket expenses from violent crimes.7Office for Victims of Crime. Victim Compensation These programs are partially funded by the federal government through the Victims of Crime Act, which covers 75% of each state’s eligible payouts.8Office for Victims of Crime. Formula Grants Covered expenses generally include medical and dental care, mental health counseling, lost wages, and funeral costs.
Compensation programs act as a payer of last resort — you first go through insurance, workers’ compensation, or other sources, and the fund covers the gap. Most programs require that you filed a police report and cooperated with the investigation. Amounts and eligibility rules vary, so check with your state’s victim compensation board. Compensation is separate from restitution and doesn’t depend on the defendant being caught or convicted; you can apply for both.
Getting a Protective Order
If you feel unsafe after the incident, especially if the person is someone you’ll encounter again, you can petition a court for a protective order restricting them from approaching, contacting, or harassing you. Violating the order is itself a criminal offense, which gives it real force.
You file a petition with your local court describing the threat and providing supporting evidence. Many courts can issue a temporary order the same day, without the other person present. A full hearing follows within a set timeframe, where the other person can respond before the court decides whether to make it permanent.
Protective orders are enforceable nationwide. Under the Violence Against Women Act, every state and territory must give full faith and credit to a valid order from any other jurisdiction, and law enforcement must honor it whether or not it’s been registered locally.9Office of the Law Revision Counsel. United States Code Title 18 – 2265 Full Faith and Credit Given to Protection Orders If you move or travel, carry a copy.
If You Fought Back
You have a legal right to defend yourself when someone throws something at you, but the force you use has to be proportional to the threat. Blocking the object, pushing the person away, or striking back to stop an ongoing attack are generally within bounds. Pulling a weapon in response to a thrown cup is not. Deadly force is only justified when you reasonably believe your life is in danger.
Location matters too. Over half of states have stand-your-ground laws that let you use force without first trying to leave, as long as you’re somewhere you have a legal right to be. The remaining states impose a duty to retreat before using force, though nearly all of them make an exception for your own home. If you did use force, document what happened carefully; if the other person also calls the police, you could find yourself facing charges alongside them, and proportional response is what keeps a self-defense claim viable.