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.
Generally, the S.O.L. for battery in California is 2 years from the time of the incident. Exceptions occur such as if you don't find out the full damages from the battery until the 2 years has passed.
The statute of limitations is a set of laws where a crime can not be prosecuted after a set amount of time has passed. A misdemeanor sexual battery charge in California statute of limitations is three years.
The statute of limitations in criminal law is the amount of time the prosecutor has to file charges. In the state of California, felony assault and battery has a 3 year statute of limitations, while misdemeanor assault and battery has a 1 year statute of limitations.
It depends on the state. The statute of limitations determines when the case must be indicted or accused, not when it must be reported by the victim.
Added: Victims do not 'press charges." they can only report the offense to authorities and law enforcement will investigate the reported offense and, if justified, apprehend the perpetrator and the prosecutor will "press" the charges.
In California it will depend on what the specific charges being brought are. Murder and other offenses that are punishable by death or life in prison, have no statute of limitations. If the felony can result in over 8 year in prison it is set at 6 years. Less that that they are set at 3 years. Misdemeanors will be set at 1 year unless a minor is involved which makes it 3 years.
Most torts have a statute of limitations of two years.
Three years with an extension of an additional three years if you flee out of state.
California has three levels of felony statutes of limitations. If the battery could result in 8 years in prison, the limit is 6 years. All others would be 3 years.
3 years
Assault and battery charges can cost tax payers money. The reason for this is many assault cases must go to trial.
In Colorado it will depend on what the specific charges are but in general the statute of limitations for assault will be set at 10 years. Other felonies are set at 3 years. Misdemeanors will be set at 18 months unless it is 3rd degree sexual assault which is set at 5 years. There is a 5 year extension if the individual is absent from the state.
Yes, they can bring charges for assault. Three months is well within the statute of limitations.
They can try. Without your cooperation it may not get far.Added: FIrst of all, INDIVIDUALS can NOT PRESS CHARGES! They can only file complaints with law enforcement. Then the prosecutor's office PRESSES charges. It may also depend greatly on just what type of "Assault" the question is referring to. (SIMPLE Assault - ASSAULT and Battery - SEXUAL Assault???)
You will add the extra charges of evading police and and resisting arrest.
It would be assault and battery.
Assault and battery would be the basic charges.
That depends on the details. There would be a statute of limitations for assault charges. Those type of charges are best brought while they are fresh, the incident is reported to the police immediately and evidence can be collected and preserved.
No. That is assault and/or battery. Charges can be pressed for such things.
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 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.
What you are looking for is a statute of limitations. This varies from place to place. If you have been assaulted, call the police. The authorities make the decision about whether or not to file charges, not you.