How long do you have to file charges after a domestic assault?

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How long do you have to file charges after a domestic assault?

I want to file domestic assault charges on my spouse for causing me staples in my head 3 months ago. Is it too late to do so?

Asked on May 13, 2012 under Criminal Law, South Dakota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Depending whether the possible charge that you want to press will be filed as a misdemeanor or a felony, you would well be within the required statute of limitations to make a police report about the staple to your head incident that happened three (3) months or so ago. The statute of limitations for the district attorney's office if it decides to file charges would not be barred at this point in time against your spouse.

A word of caution is that law enforcement will want to know why you have waited three (3) months to make the charge instead of right after the incident.


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