Can I be still charged still for slapping my wife over 4 years ago?

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Can I be still charged still for slapping my wife over 4 years ago?

Asked on October 12, 2011 under Criminal Law, Montana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your case only involved a “slap” and there were no other aggravating factors, then you are probably looking at a misdemeanor level charge.  The statute of limitations for a misdemeanor offense in MT is generally one year from the date of the commission of the offense.  However, if the state can allege and prove other factors that aggravate the charge, then your case could be considered a felony offense.  Felony offenses have a longer statute of limitations which are five years or more (depending on the level of the felony offense).  So the best answer to your question is “it depends.”   How the facts are developed and how the case is charged will control whether or not you can still be charged.  If the police were called, you may want to make an open records request for a copy of the offense report.  Once you have the report, consult with an attorney that regularly practices criminal law to see how the facts as outlined in the report could be applied directly to your situation. 


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