Assault and battery cases can be difficult to navigate, especially if you don’t know the law. In order to get the justice you deserve, it is important that you understand the legal parameters associated with assault and battery cases, one of which is the statute of limitations.
At Kurtz, Peters & Associates, we handle sensitive cases involving both personal injury and criminal defense. We understand that when our clients come to us they are grappling with some tough issues and we make it our mission to help them navigate the legal system as easily as possible. Part of that is ensuring all of our clients understand the law when it comes to their unique case. Thus, we are here to help you understand your rights and the legal process behind assault and battery cases—including the statute of limitations for assault and battery cases.
What is Assault?
Assault is defined as an intentional act that causes a person to fear physical harm or injury. This does not necessarily mean that physical contact needs to take place for an assault charge—the mere threat of violence is enough for an individual to be charged with assault. In some states, verbal threats and menacing gestures can also qualify as assault. Depending on the severity of the situation, an individual can face misdemeanor or felony charges for assault.
What is Battery?
Battery refers specifically to physical contact between individuals that results in injury or harm. Unlike assault, battery requires direct contact between individuals; however, like assault, battery comes with varying degrees of severity which will ultimately decide what kind of charges are filed against an individual. A misdemeanor charge typically involves a minor altercation while a felony charge implies more serious injuries were caused by the assailant.
What is a Statute of Limitations?
A statute of limitations is a legal deadline for bringing a lawsuit or criminal case. It establishes how long someone has to file a lawsuit or criminal charge against another person in court after an incident has occurred. Generally speaking, statutes of limitation vary from state to state; however, it is important to note that they differ depending on the type of case as well.
For example, in some states, there is no statute of limitations for murder cases; however, there may be one for other types of crimes such as fraud or larceny. Additionally, certain types of civil lawsuits have their own set statutes of limitation that must be followed in order for them to be validly filed with a court. For example, medical malpractice suits have different filing requirements than those associated with personal injury claims.
Statute of Limitations on Assault and Battery Cases
In most states an assault and battery case must typically be filed within two years from the date when the incident occurred in order to seek legal recourse from the offender or defendants involved in causing harm or trauma. This means that if an individual does not file their case within two years from the date when the incident occurred then they will not be able to seek any kind of legal remedy against those responsible for perpetrating harm upon them during said incident(s).
To complicate matters further, some jurisdictions allow plaintiffs to file an “extended” statute-of-limitation period if they can demonstrate special circumstances related to their assault and battery case (e.g., mental illness or physical disability). Therefore, it is important that anyone considering filing an assault and battery suit contact a qualified attorney who can evaluate his/her case in light of applicable state laws before proceeding any further with their claim.
While knowing your rights as they pertain to your assault and battery case is crucial in obtaining justice following a traumatic event, understanding all facets that could potentially impact your ability to do so—including statutes of limitation—is also key in receiving fair compensation for damages suffered due to someone else’s negligence or intentional wrongdoing. At Kurtz, Peters, and Associates we are here for our clients every step along this journey towards justice; so please don’t hesitate to reach out us today if you have questions about your potential case involving assault and battery. We look forward to hearing from you.
