How does the statute of limitation on assault affect my case?
August 20, 2022at7:00 AM
It doesn’t matter if you committed a crime or not; being accused of something is a serious matter. Assault, in particular, can be a difficult case, so you need a criminal defense attorney by your side to help fight your case and defend your rights. Our team at Kurtz and Peters and Associates has experts in criminal law and can look at your case and how it’s tied into the statute of limitation on assault. Read our guide below to learn more about the statute of limitation on assault and how it might apply to your case.
What is the statute of limitation on assault?
The statute of limitation states that you cannot be charged for a crime after a determined amount of time has passed after the action has been committed. If you’re looking into the statute of limitation on assault, it isn’t as cut and dry as saying it’s simply a specific number of years. It depends on the kind of assault you’re dealing with and whether it’s classified as a misdemeanor or felony. Let’s examine the four types of assault, what they are, and the statute of limitation for each.
What are the types of assault?
There are four types of assault. They include:
Not all types of assault fall under the same category within misdemeanors or felonies, so we need to examine each individually to get answers regarding the statute of limitation.
What is verbal assault?
Verbal assault is a spoken threat to another person where the speaker plans to inflict injury on another person and can include excessive taunting, bullying, teasing, or other forms of verbal harassment. Bomb threats directed at a school can also be classified as verbal assault. That being said, not all verbal assault case is grounds for criminal charges.
What is simple assault?
Simple assault is the threat of or attempted injury of another person. There doesn’t need to be any contact, bodily harm, or battery for a threat to be a first-degree misdemeanor of simple assault. This type of assault comes with a statute of limitation of two years.
What is aggravated assault?
An individual commits aggravated assault when they assault a person with a deadly weapon. There doesn’t need to be intent to kill; it’s an act intended to injure. Aggravated assault is a third-degree felony and has a statute of limitation of three years.
What is sexual assault?
Sexual assault is a wide-reaching classification of unwanted sexual acts that include, but are not limited to, rape, attempted rape, forced sexual acts without consent, intentional and unwelcome sexual touching, and sexual intimidation. Sexual assault is considered a second-degree felony with a statute of limitation of three years as well.
Are there assault crimes with no statute of limitation?
In short, yes, there are assault crimes that don’t have a statute of limitation. Florida Statute 775.15 says that felonies that result in the death of a person don’t have a statute of limitation. This means that it doesn’t matter how many years after the fact that someone died as a result of your actions, you can be prosecuted for the crime.
Reach out to learn more
Please don’t hesitate to reach out to our team at Kurtz and Peters and Associates if you’re dealing with an assault charge. If you’ve been accused of assault, we can examine the case and the statute of limitation on assault. Give us a call at 833-252-2256. Our team will be sure to direct you to our office nearest you in Rockville, MD, or Boca Raton, FL. You can also get in touch by using our online contact form.