How long after an assault can a criminal complaint be filed?
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How long after an assault can a criminal complaint be filed?
I was hit in the eye resulting in permanent injury. The incident happened in a restaurant/bar. The police were called and I was asked if a I wanted to declare myself a victim. However, my vision was gone in that eye so I said I needed to get to the hospital. I contacted a lawyer who kept my case with his firm until today. In about 3 weeks, it will be 2 years since the assault occurred. The law firm released my case because although the lawyer said I was certain to win, there are not enough assests to support a civil suit. It is a civil case I was told because assault charges were not filed. Can I seek assault charges now? I have video evidence.
Asked on January 16, 2015 under Criminal Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You don't provide any detail about how you were hit in the eye. If it was not with a weapon, it may be either assault in the 4th degree, which would be a misdemeanor, or assault in the 2nd degree, which would be a felony. The degree of injury you describe could make it a felony depending on the intention of the person injuring you--e.g. was there an intention to commit or cause injury or not?
If it's 4th degree assault (no intention to cause serious injury), it would be 2-year statute of limitations; if 2nd degree, 3-year. Therefore you are still in time to file or press charges for either, if you act NOW; if you wait, you would only be able to file or press charges if the assault would be characterized as 2nd degree.
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