Statute of Limitations means the amount of time for being able to file a claim against your attacker. In the Shouse California Law Group, it is defined as the maximum time period for a prosecutor to be able to file criminal charges. It means that if the case has exceeded the statute of limitation, then you are not able to file the case anymore. Let’s say that there is a prosecutor who files charges after the limitations period ends. If so, then the charges will usually be cancelled. How about the statute of limitations for assault? Actually, each state has a different time period for it for every case including for assault. Check the SOL for assault in some states below.
The Statute of Limitations (SOL) for Assault in Some States
It is important for you to know the statute of limitations for cases in your state if you are a victim of a crime because it is different from one state to another including the statute of limitations for assault.
In New York state, the statute of limitations for assault or battery is 1 year from the act (civil) or 2 or 5 years depending on the facts (criminal).
In California, the criminal statute of limitations for the simple assault or misdemeanor is one year. However, the statute of limitations for most felony assaults is three years. In California, according to the California Penal Code Section 240 PC, a crime which is meant by a simple assault is an unlawful attempt to commit a violent injury on another person so that this is called misdemeanor assault. An assault crime that is more severe than simple assault is called aggravated assault or felonies assault.
How about in Texas? The statute of limitations for various offenses are addressed in the chapter 12 of the Texas Code of Criminal Procedure. In that chapter, it is explained that most serious offenses such as manslaughter and murder have no statute of limitations. Meanwhile, the statute of limitations for felony offenses such as forgery and arson is 10 years. How about a felony assaultive offense? This kind of offense such as the assault of a family member or the assault of a public servant, it seems that it has 3 years of statute of limitations. Within these 3 years, you are able to file an indictment any time beginning from the date of the alleged offense.
In the Chapter 12 Article 12.02 of the Texas Code of Criminal Procedure, it is explained that, “An indictment or information for any Class A or Class B misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.” It means that if you want to bring the charges, you need to do it within this period. If you bring it after the statute of limitations ends, the defense may be able to file a pretrial motion to cancel the charges.
The Sexual Assault Statute of Limitations
Sexual assault statute of limitations of each state in the United States of America is also different. In Virginia, the criminal statute of limitations for all felony sex crimes has been eliminated. What does it mean? It means that if you experienced a sexual assault in the past such as sexual battery, rape, or other serious sex crimes, where probably it happened decades ago, you are still able to prosecute the offender. However, you need to note that sometimes the two-year statute of limitations for personal injury claims applies, but in other cases it can be applied or paused depending on the circumstances.
How about the sexual assault statute of limitations in other states in the Unites States? You are able to check it in the table below.
| State | Sexual Assault Statues of Limitations |
| Kentucky | 1 year |
| Tennessee | 1 year |
| Alaska | 3 years |
| Louisiana | 1 year |
| California | 2 years |
| Alabama | 2 years |
| Arkansas | 3 years |
| Arizona | 2 years |
| Delaware | 2 years |
| Georgia | 2 years |
| District of Columbia | 3 years |
| Colorado | 2 years |
| Idaho | 2 years |
| Hawaii | 2 years |
| Maryland | 3 years |
| Massachusetts | 3 years |
| Montana | 3 years |
| Indiana | 2 years |
| Illinois | 2 years |
| Iowa | 2 years |
| Mississippi | 3 years |
| Kansas | 2 years |
| Michigan | 2 years |
| New Hampshire | 3 years |
| Maine | 2 years |
| Nevada | 2 years |
| North Dakota | 2 years |
| New Mexico | 3 years |
| North Carolina | 3 years |
| New Jersey | 2 years |
| Ohio | 2 years |
| Oregon | 2 years |
| Oklahoma | 2 years |
| Rhode Island | 3 years |
| South Carolina | 3 years |
| South Dakota | 3 years |
| Virginia | 2 years |
| Wyoming | 4 years |
| Texas | 5 years |
| Pennsylvania | 2 years |
| Wisconsin | 2 years |
| West Virginia | 2 years |
| Vermont | 3 years |
| Washington | 3 years |
| Utah | 4 years |
| Missouri | 5 years |
| Minnesota | 6 years |
| New York | 5 years |
| Nebraska | 4 years |
In some states, the sexual assault statute of limitations has been removed. For example, in Connecticut, to bring cases of sexual assault has no time limit so that you are able to file the case anytime.
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