In most cases, a statute of limitations is there to stop charges from being filed after a long time. This law helps protect you from old cases that the government did not investigate urgently enough or consider serious enough to actually prosecute in a reasonable time.
The statute of limitations for assault is different depending on whether the charge is for aggravated assault (5 years) or simple assault (2 years). Even within that, aggravated assault on a police officer has no statute of limitations and can be filed at any time. Sexual assault has other statutes of limitations.
For help with your charges, call our Philadelphia criminal defense lawyers at Kenny, Burns & McGill at (215) 774-5644.
Statute of Limitations for Simple Assault
Simple assault does not have a specific statute of limitations set for it. Since it is a misdemeanor, it falls into the general rule that misdemeanors have a 2-year statute of limitations.
What Constitutes Simple Assault?
Simple assault consists of intentionally causing or attempting to cause bodily injury. This means that most physical strikes, punches, and kicks would qualify.
Additionally, you can also be charged with simple assault for these acts:
- Negligently hurting someone with a deadly weapon
- Using “physical menace” to make someone think you’re going to hit them
- Hiding needles or other sharp objects on your body where an officer, jail guard, or mental health facility worker could be stuck or cut.
How Classifying the Crime Blocks Charges
If 2 years have already passed and you are charged with aggravated assault (with a longer statute of limitations), we may be able to block charges by arguing them down to simple assault.
Since it is too late to charge you with simple assault, if a judge agrees with our Pennsylvania assault defense lawyers that your charges should be for simple assault only, it is too late to file, and the case against you is over.
Statute of Limitations for Aggravated Assault
Aggravated assault is a more serious crime, rated as a felony. Felonies generally have a 2-year statute of limitations unless a different limit is listed in the code.
Aggravated assault specifically lists a 5-year statute of limitations for most aggravated assault cases, but there is one exception.
What Constitutes Aggravated Assault?
Aggravated assault is the more serious version of assault. Where simple assault focuses on intentional injury, aggravated assault focuses on causing “serious bodily injury” either
- Intentionally or
- “Recklessly under circumstances manifesting extreme indifference to the value of human life.”
Alternatively, any of these specific assaults can be upgraded to aggravated:
- Intentionally, knowingly, or recklessly causing bodily injury to an officer, public employee, or other protected person (teachers, hospital workers, etc.)
- Causing bodily injury with a deadly weapon
- Physical menace against an officer
- Using tear gas or stun guns on police (e.g., turning riot control weapons back against them)
- Intentionally injuring children within the scope of your job (e.g., as a teacher).
Aggravated Assault on a Police Officer
If you commit aggravated assault on a police officer, that has no statute of limitations.
Sexual Assault Statute of Limitations
The statute of limitations for sexual assault varies based on the specific charges. Pennsylvania has multiple offenses that might be colloquially called “sexual assault” or “rape,” and the specific facts of your case will change which crime can be charged and how long the prosecution has to charge you.
Most of these offenses have a 12-year statute of limitations.
Offenses against minors can often be charged until the alleged victim turns 55 years old, and some have no statute of limitations at all.
How Do Statutes of Limitations Work?
The statute of limitations is set by the legislature in the code to limit how long the state has to bring charges for an alleged crime.
Limits on Filing Deadline
It is usually said that the statute of limitations puts a time limit on how long the government has to “file charges” against you. This does not require them to get all the way through trial.
Our “speedy trial” laws kick in after the charges are filed to ensure the state cannot drag out prosecutions unfairly. But once the case is filed, it satisfies the statute of limitations.
When Charges Are “Filed” on Time
Charges are considered “charged” or “filed” when the prosecution is “commenced.” This means that any of these need to happen “on time” for the prosecution to meet its requirements under the statute of limitations:
- A grand jury hands down an indictment.
- The prosecution files an information in court.
- You are given a citation or summons.
When Does the Limitations Period Start?
The statute of limitations clock starts running when the crime is “committed.” This, too, has specific rules: a crime is committed when every element is completed.
That means that the assault itself needs to have taken place and the resulting injuries need to have appeared. In some cases, this can mean a delay between the time of the alleged assault and the start of the statute of limitations.
Why Do We Have a Statute of Limitations?
Statutes of limitations serve three important purposes:
Ensure Justice is Done Swiftly
The theory here is that delaying justice means criminals are out in the world longer, causing more potential harm, and leaving victims without justice for prolonged periods.
Delayed Prosecutions Are Weaker
In many cases, the prosecution’s case becomes weaker and less fair if they delay charges. Witnesses may forget what happened over time, and evidence may be lost, destroyed, or degraded.
Waiting years to file charges can mean the prosecution is ultimately less fair, especially if a witness’ memory is warped by the prosecution or police in that long interim.
Charges Follow People Around Too Long
With long statutes of limitations or no statute of limitations, the potential of charges can haunt a defendant for years. It may be unfair to hold that sword over someone’s head for such a long time without actually charging them.
Having a statute of limitations lets them know for certain that the case is over and cannot be charged after a certain point.
Call Our Pennsylvania Assault Defense Lawyers Today
For a free review of your case, call the Pennsylvania assault defense lawyers at Kenny, Burns & McGill at (215) 774-5644 today.
