Is there a statute of limitations for domestic battery? 44 Answers as of July 08, 2013

Is there a statute of limitations for domestic battery?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Yes, but I would need to know exactly what penal law section is being charged as this is not a term in the penal law. The term is assault.
Answer Applies to: New York
Replied: 10/28/2011
Levine & McHenry LLC
Levine & McHenry LLC | Matthew McHenry
Yes. How long depends on the severity of the crime. In Oregon, the statute of limitations for misdemeanors is 2 years. For felonies, it is three years.
Answer Applies to: Oregon
Replied: 10/11/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
In Alabama there would be a one year statute of limitations for a misdemeanor domestic violence charge and a three year statute for a felony offense.
Answer Applies to: Alabama
Replied: 10/28/2011
Anderson Walsh PLLC
Anderson Walsh PLLC | STACI LYNN ANDERSON
The state has one year to file a misdemeanor domestic battery charge, and up to five years to file a felony domestic battery charge.
Answer Applies to: Idaho
Replied: 9/20/2012
The McDonnell Law Firm, PLLC
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
Depends what you mean by domestic battery. There's no such crime in the NYS Penal Law. If you're talking about a misdemeanor assault, the statute of limitations is 2 years. If the offense is a felony, the statute of limitations is 5 years.
Answer Applies to: New York
Replied: 10/10/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    One year for a misdemeanor three for a felony measured from commission of offense to issuance of an arrest warrant.
    Answer Applies to: California
    Replied: 10/10/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    The charge you are asking about can be a felony or a misdemeanor. If it meets the level to be charged as a felony then the state has three years. If it is at misdemeanor level then it would be one year. Normally if the state was going to press charges it will happen within three months.
    Answer Applies to: California
    Replied: 10/10/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Yes, I believe it is six years.
    Answer Applies to: Washington
    Replied: 6/3/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If charged with a misdemeanor domestic battery, here in Illinois, the authorities have 18 months to file charges, if the matter is aggravated domestic battery, the statute of limitations is 3 years after the offense occurred.
    Answer Applies to: Illinois
    Replied: 10/10/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry With most criminal offenses, there is a statute of limitations. However, some capital offenses have no statute of limitations. It will depend on the jurisdiction where you are charged as to what statute of limitations will apply. Also, the statute of limitations could be extended in some circumstances depending on the circumstances. You should discuss your case with the attorney you hire to get the details of what statute of limitations may apply in your case. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 10/10/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    Statute of limitations for domestic battery is three years for a misdemeanor charge and five years for a felony.
    Answer Applies to: New York
    Replied: 10/10/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Most criminal matters have a six year statute of limitations.
    Answer Applies to: Michigan
    Replied: 10/28/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    There is a statute of limitations for everything except Capital charges (Murder and sexual assaults on children).
    Answer Applies to: Florida
    Replied: 10/28/2011
    Greco Law Office
    Greco Law Office | Dominic Greco
    I believe there is but I would have to look it up. Statute of limitations only apply before charges are filed. Once charges are filed they remain open until you answer to them in court.
    Answer Applies to: Michigan
    Replied: 10/28/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Yes, two years on a misdemeanor.
    Answer Applies to: Georgia
    Replied: 7/8/2013
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    A misdemeanor assault involving a family member (which is widely defined) a.k.a. domestic assault has a statute of limitations of 2 years.
    Answer Applies to: Texas
    Replied: 10/10/2011
    bark & karpf
    bark & karpf | peter bark
    Yes there is, either three or five years, depending whether or not it is a felony or misdemeanor. The Statute of Limitations can be extended if the defendant is out of state or is hiding.
    Answer Applies to: New York
    Replied: 10/10/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    The statute of limitations is 6 years.
    Answer Applies to: Michigan
    Replied: 10/10/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    There is no time limit for class A felonies. For all other felonies the time limit is five years. For misdemeanors the time limit is two years and the time limit is one year for violations. There are no time limits on warrants. So, it depends on the severity of the potential offense.
    Answer Applies to: New York
    Replied: 10/10/2011
    Todd Landgren, Professional Law Corp.
    Todd Landgren, Professional Law Corp. | Todd Landgren
    1 year if misdemeanor, 3 years if felony.
    Answer Applies to: California
    Replied: 6/7/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Yes and without looking it up I think it is six years though some statutes have shorter periods.
    Answer Applies to: Michigan
    Replied: 10/8/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    After 1 year, prejudice is presumed if there is still a lack of prosecution. Contact an attorney about a "Serna" motion.
    Answer Applies to: California
    Replied: 10/7/2011
    Iyer Law Office
    Iyer Law Office | V. Iyer
    Yes, there is a statute of limitations which applies to the prosecution of most State crimes in Colorado. The general rule is that the State must File charges no later than 18 months from the date of the crime and 3 years for felonies. There are some exceptions for theft, fraud, murder, sex crimes on a child, to name a few such exceptions. Further, if you left the state after the commission of the crime that may toll the application of the statute of limitations. Also if a warrant was issued that may also toll the application of the statute of limitations. You should contact a criminal defense attorney to get more specific and precise information, The attorney will have to know the specific crime. Battery is usually a city Ordinance crime.
    Answer Applies to: Colorado
    Replied: 10/7/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Yes, 5 years from the date of occurrence.
    Answer Applies to: Kansas
    Replied: 10/7/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    The general Statute of Limitations rule in New York for criminal cases is 2 years on Misdemeanor crimes; 5 years on Felonies and no limit on Murders. There are a few other statutes that have special limits as well.
    Answer Applies to: New York
    Replied: 10/7/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    2 years.
    Answer Applies to: Texas
    Replied: 6/7/2013
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    In Washington State Courts it is called Domestic Violence Assault. The Statute of Limitations (SOL) on misdemeanor charges in Washington is one year. However, if the defendant fails to appear when ordered, the SOL is "tolled" meaning it is put on hold. Likewise, if the defendant leaves the state, the SOL is tolled. The SOL is only taken off hold when the defendant appears in court and asks the court to quash the warrant or set a trial date
    Answer Applies to: Washington
    Replied: 10/7/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Yes, but what that is depends upon the level of the charge is it a misdemeanor charge or a felony charge, and is the defendant "hiding" from prosecution. All of these things are factors.
    Answer Applies to: Washington
    Replied: 10/7/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    There is statute of limitations for an assault, depending upon the degree of the offense charged. What degree of offense are you asking about? A disorderly person offense has a one year limitation. An indictable offense has a five year limitation.
    Answer Applies to: New Jersey
    Replied: 10/7/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    For misdemeanors, it is usually 18 months
    Answer Applies to: Colorado
    Replied: 10/28/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Yes, the statute of limitations is six years meaning that the prosecution would have six years from the time the incident occurred to file charges against you.
    Answer Applies to: Michigan
    Replied: 10/7/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You would have to call for a consultation since there are many issues to discuss. There are statutes but it depends on whether the case is a felony or misdemeanor and whether it was originally charged or if the case would have to be charged many years after it was allegedly committed. After 5 years or more you are not going to be able to have someone charged with a crime.
    Answer Applies to: New York
    Replied: 10/7/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Most misdemeanor charges have a 2 year statute of limitations. Felonies are longer depending on the specific charge.
    Answer Applies to: Minnesota
    Replied: 10/7/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Yes. Generally, the statute of limitations for misdemeanor offenses is three years after the occurrence of the offense.
    Answer Applies to: Minnesota
    Replied: 10/7/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    SOL misdemeanor is 3 years, felony 6 years. Domestic assault can be either depending on facts.
    Answer Applies to: New Hampshire
    Replied: 10/7/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    The statute of limitations for Fourth Degree Assault is 2 years whether or not it is domestic violence.
    Answer Applies to: Washington
    Replied: 10/7/2011
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