What is the statute of limitations on an aggravated assault charge if the person hasn't been arrested on the charge yet?

Typically, the State has five years from the date of a felony incident to take charges in the case.  If they do not do so then they will not be able to charge anyone.  However, there are a few important things to know about this.

Certain charges have longer statute of limitations or even none.  Sex crimes typically have longer statute of limitations depending on the type of offense.  Murder has no statute of limitation at all and a charge of murder can be taken at any point.  Aggravated assault by itself would have a five year statute of limitation in Georgia.  This may vary in other states.

Even if the person has not been arrested though within the five years, this doesn't mean they can't be charged.  If a warrant was taken out for the person at any time during that five years, the statute of limitations no longer applies to that person.  This is to prevent people from committing crimes and then fleeing to another state or country in the hopes of letting the time run out and the charges being outside the statute of limitations.  The law stops the statute of limitations time from running once a warrant is taken out.

If a warrant was taken out for the person, it will remain in place until they are caught and then they will face prosecution.  Often, the only way to find out if a warrant was taken out for the person is with the help of an experienced criminal defense lawyer like myself who can find out and advise you.

David West

Attorney at Law