Criminal Law Questions? Ask a Criminal Lawyer.
Thank you for choosing Just Answer. My name is XXXXX XXXXX I will assist you today.
It depends on what they charge you with. Felonies have a statute of limitation of 7 years, and misdemeanors have a statute of limitation of 1 year. There is both a misdemeanor assault, and an aggravated assault. I am guessing that you would be charged with the misdemeanor.
Oh, I didn't assault anyone. I had two sites to keep track of during a 5 hour shift. This was an independent adult who took drugs and assaulted her roommate. Both mentally ill but trusted by society to live and walk the streets on their own. My role was to check in on them to see if they needed to schedule for us to give them a ride, ask how they were doing and support them in looking for employment and encouraging them to shower and clean their house and yes report back on their mental state. Again these people were harmless and this was entirely out of left field for this to happen. Another important fact is that it all happened before I was scheduled to be there, my absence came some time after the event not knowing it ever happened. It happened at 1 pm and the latest I was expected to be there was probably 7:30 pm. They tried calling me around 6 pm to go over there but just my luck this was the day I had misplaced my work phone without realizing it and didn't get the call. They had my personal cell phone number but either chose not to use it or didn't have access to that number. What else can I share to help narrow down what they might charge me with?
You asked about statute of limitation for a criminal act. An assault can be caused by omission here the criminal negligence. Your description basically tells me that no criminal act should be charged at all. This could be a case of civil negligence which is basically a monetary settlement. The statute of limitation for civil negligence is 2 years.
Oh ok, just making sure we didn't have a misunderstanding. Makes sense now. Ok, well thanks for your help!