In Canada, there is a 6 months statute of limitation for summary conviction offence. If the prosecutor decide to proceed by criminal act, there is no prescription.
Do not forget that the more you wait before filing a charge for assault, the more the defence lawyer is likely to argue that you do not have credibility.
The statutes vary depending on the state or country. It will also depend on what level of crime assault is defined at in that location. It might be a felony and it could be anything from two years to no limit at all.
The statute of limitations varies by jurisdiction. Typically felony crimes like assault have longer periods of time before the charges are barred. Some states do not have a statute of limitations on felonies. Check your state or country to see what they say.
This depends entirely upon the laws of State in which the assault and battery occured and what type/degree of assault/battery was commited...
For the most simple form of assualt/battery the statute of limitations may be 6 months to 1 year,for more severe forms the statute of limitations may be 1-5 years.Each state has its own laws,if the assualt/battery was severe enough to be a felony then Federal Statutes of limitations may exceed the state statutes.
The following is general information:
An assault should be reported immediately or as soon as possible. The longer the victim waits the less likely the case will go forward. Authorities usually question why a victim would wait and might suspect ulterior motives. The victim should call the police as soon as they are able, seek medical treatment for any injuries and have photos taken of any injuries. The police will assist with photos. Statutes of limitations vary in different jurisdictions. You need to check your particular jurisdiction for the type of assault.
To press charges a certain process must be followed. You can file a charge for assault at your local police department. You will need to provide all the information possible such as the victim's name, assailant's name, where it occurred, time and date, a description of the assault and more. The complaint will later be filed with the prosecutor's office who will decide whether to prosecute.
Individuals do not press or make criminal charges. The victim can report the act to the police at any time.
how long does a D.A. office have to file assault and battery charge
It will depend on the jurisdiction in question. It may also vary based on the severity of the crime.
Assault and Battery, is a felony offense and should be reported as immediately as possible, so that law enforcement can take action to investigate, identify and apprehend the offender. Unless the victim is medically incapacitated, the longer the complainant/victim waits to to report the offense, the more doubt and question can be introduced into the motive for delay on the part of the complainant. Massachusetts has a six year statute of limitations for most criminal charges.
In Georgia the statute of limitations for personal rights of action is generally two (2) years.
The question is too "simply" asked. Assault charges differ from jurisdiction. Some states classify assault and battery as the same, some assault and battery separately. It would depend on where you are and what all the circumstances relating to the incident (Totality of Circumstances) as to how much legal trouble one could get into.
Generally, it's two years.
You have two years to file a civil case against someone for assault. That's not the case that involves someont going to jail, but the case that involves getting money for your injuries from the person who injured you. The criminal statute of limitations depends on the severity of the injury. California Code of Civil procedure 335.1. states: Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
For a civil suit it would be two years. For a criminal charge it would be three years.
The statutes of limitation vary from state-to-state - thiis question cannot be answered without more specific information.
Physical assault is called battery. The statute of limitations is normally 2 years, but can be as short as 6 months depending on the state.
What is the sentence for assault and battery in california ?
The terminology used to describe an assault varies widely from state to state depending on how the wording of their individual statutes was written.GENERALLY - 'Simple Assault' is unwanted touching or striking by use of the hands or fists only.From there the statutes pretty much diverge, with some states using DEGREES of assault and others moving directly into Assaults with Deadly Weapons or Assault and Battery (you are "armed" ANY time you strike someone with anything other than your bare hand). Check your local laws for the meaning and variations of the assault law in your particular jurisdiction.
This falls in the category of Intentional Torts and in New Jersey, the statute of limitations to bring such suits is one year.
Assault (if only physical) - Assault and Battery or Assault Wth a Deadly Weapon (if armed with ANYTHING) - and, or course, Contempt of Court. Depending on the statutes of the various states and jurisdictions, such an assault may also carry enhanced penalties due to the fact that a presiding member of the Judiciaryy was attacked, esp. in open court.