What is the statute of limitations for domestic abuse?

Answer 1

I'm assuming you mean for criminal charges. In that case, "spousal abuse" does not apply because there is no such criminal charge in New York. Rather, if your spouse hit you or threatened you, the crime of assault is applicable, regardless of how the perpetrator is related to you. Assault breaks down into 3 categories: Assault in the 1st Degree; Assault in the 2nd Degree; Assault in the 3rd degree. Assault in the 1st degree is a Class B felony and the statute of limitations for bringing criminal charges is 5 years under the NY Criminal Procedure Law, Section 30.10. Assault in the 2nd Degree is a Class D felony and the statute of limitations for criminal charges is 5 years under the NY Criminal Procedure Law, Section 30.10. Assault in the 3rd Degree is a Class A misdemeanor and the statute of limitations for bringing criminal charges is 2 years under the NY Criminal Procedure Law, Section 30.10. As far as what constitutes the three different degrees of assault in NY (1st degree: NY Penal Code, Section 120.10; 2nd Degree: NY Penal Code, Section 120.05; 3rd degree: NY Penal Code, Section 120.00), it's very complicated and there are a lot of criteria involved. I could reprint the text of the relevant laws here, but it'll go on forever and just look like a bunch of gobledy-goonk. Therefore, if the offense against you occurred within the last 5 years, I suggest you contact the police and tell them exactly what happened so that they may make a determination as to what degree of assault you're talking about here and respond accordingly.

Answer 2

Statute of limitations can apply to many things. For debts in New York it is 6 years. For personal injury it is 2 1/2 to 3 years. For criminal charges, it can vary from a couple of years to none, such as for murder or other Class A felonies.

Answer 3

The Statute of Limitations for felonies in New York state is normally 5 years, when the identity of the suspect is unknown it is extended a further five years to 10 years. State legislature is considering a proposal to drop the statute altogether for violent, sexual and child sexual crimes. This means if you committed anything other than a simple assault you can and will be prosecuted when caught.

Answer 4

The statute of limitations for harassment in New York is 3 years. The statute of limitations refers to the amount of time one has to file a suit against another party.

Answer 5

That depends on the classification of the crime. Limitations can run from just a few years for simple offenses to forever for crimes such as homicide. Please be more specific.

Answer 6

What type of assault? If it's a felony assault - 5 years. If it's a misdemeanor assault - 1 year. However - if you flee out of state to avoid the charge, the limitation period STOPS running.

Answer 7

That will depend on the jurisdiction where the crime took place. It could be anything from a year to no expiration at all based on the laws and severity of the crime.