What is the statute of limitations on filing an assault case?

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What is the statute of limitations on filing an assault case?

My boyfriend’s brother is being falsely accused of abuse by his daughter. She has been troubled all her life and recently moved back in with her dad. She began stealing and was kicked out again. She is now accusing him of hitting her when she was 16, including giving her a black eye. I know this accusation to be false as the black eye in reference was given to her my her old boyfriend, whom she refused to press charges against. She is now 20.

Asked on August 3, 2010 under Criminal Law, Wisconsin

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It appears that your state would allow a charge about causing or allowing harm to a minor to be filed until the alleged victim turns 26.  So, unfortunately, if the young woman is considered credible by the prosecutor, your boyfriend's brother is going to need a lawyer.  He's also likely to need your testimony as a witness.

Cases like this are troubling.  The accusation itself, even if disproved, is often very damaging to the accused, and the costs of defending the case are usually well into 5 figures or more.  The better attorneys are worth the expense, especially in cases where, as here, it is going to come down to the alleged victim's credibility.


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