Ohio Statute of Limitations: Assault
Assault is a serious offense in Ohio, and if you’re accused of assault or have been the victim of assault, understanding the statute of limitations is crucial. This legal concept sets a time frame within which legal action must be taken. If you miss this deadline, you could lose your right to pursue your case.
Whether you’re facing criminal charges or seeking a civil remedy, it’s important to know how the statute of limitations applies to assault cases. The attorneys at Wolfe & Mote Law Group, LLC, in Columbus, Ohio, are experienced in handling both criminal defense and civil assault cases and can help guide you through the process.
What Is the Statute of Limitations?
The statute of limitations is a law that sets a deadline for initiating legal proceedings. It applies to both criminal defense and civil cases, determining how long you have to file a lawsuit or press charges after an incident occurs. The clock starts ticking as soon as the assault happens. Once the time period expires, you may lose the opportunity to bring your case to court.
In Ohio, the statute of limitations varies depending on whether it is criminal or civil. Understanding these timelines is essential for anyone involved in an assault case, whether you’re facing charges or seeking compensation for injuries.
Ohio Statute of Limitations for Criminal Assault
For criminal assault charges in Ohio, the statute of limitations depends on the severity of the assault. Assault can range from simple assault to aggravated assault, with varying penalties and time limits for prosecuting each type.
Simple assault: Simple assault occurs when a person knowingly causes or attempts to cause physical harm to another person. In Ohio, the statute of limitations for prosecuting simple assault is two years. This means the state has up to two years from the date of the assault to file criminal charges.
Aggravated assault: Aggravated assault is a serious offense, typically involving an assault with a deadly weapon or with the intent to cause serious bodily harm. In Ohio, the statute of limitations for aggravated assault is two years. However, the penalties for aggravated assault are much more severe, with possible prison time and higher fines.
Felony assault (felonious assault): Felony assault, which involves causing serious physical harm to another person, carries more serious consequences than simple or aggravated assault. In Ohio, the statute of limitations for felony assault is six years. This allows the state more time to pursue charges in more severe cases of assault.
Sexual assault: In cases of rape, sexual battery, or other sex-related assault offenses, the statute of limitations may be extended. If the victim is under 18 years old, they have until they turn 30 to file charges. For other cases of sexual assault, the statute of limitations may vary depending on the specifics of the case.
Ohio Statute of Limitations for Civil Assault
In addition to criminal charges, assault victims may choose to pursue a civil lawsuit for damages. In a civil case, the victim seeks compensation for the harm they suffered, such as medical bills, lost wages, and pain and suffering. The statute of limitations for civil assault claims is different from the one for criminal cases.
In Ohio, the statute of limitations for civil assault cases is typically two years. This means you have two years from the date of the assault to file a lawsuit for damages. If you fail to file within this time, the court may dismiss your case and you may lose the ability to pursue compensation.
It’s important to note that Ohio law also allows victims to file a civil claim for assault even if criminal charges aren’t filed or the criminal case results in a dismissal. If the criminal court does not convict the defendant, a civil case can still proceed based on the victim’s evidence.
Tolling the Statute of Limitations
While the statute of limitations is a strict deadline, some exceptions may extend or “toll” the time limit. Tolling means the statute of limitations is paused for a specific period under certain circumstances. In Ohio, tolling may apply to assault cases in situations such as:
Minor victims: If the victim of assault is under 18 years old, the statute of limitations for filing a civil lawsuit is extended. In these cases, the clock may start ticking when the victim turns 18, giving them additional time to file a claim.
Defendant’s absence: If the defendant in the assault case is out of the state or otherwise unavailable, the statute of limitations may be tolled until they return to Ohio.
Mental incapacity: If the victim is mentally incapacitated and unable to pursue legal action, the statute of limitations may be tolled until the victim regains mental capacity.
Criminal prosecution: In some cases, if the defendant is charged with a criminal offense related to the assault, the statute of limitations for the civil lawsuit may be extended. This allows the victim time to pursue their claim after the criminal case has concluded.
Potential Consequences of Missing the Statute of Limitations
Missing the statute of limitations deadline can have serious consequences. If you fail to file a criminal assault case within the time limit, the charges may be dismissed, and you may lose your opportunity to pursue justice. Similarly, if you miss the deadline for a civil assault lawsuit, you’ll be unable to recover damages for your injuries.
For criminal cases, missing the statute of limitations doesn’t necessarily mean you won’t face consequences for your actions. In some cases, prosecutors may pursue other charges, such as battery or harassment, which may have different time limits. However, if the time limit has passed for the specific assault charge, the court won’t allow the prosecution to move forward.
For civil cases, if you miss the statute of limitations, you’ll lose your right to sue for compensation. It’s essential to file your lawsuit within the two-year window, or you may be unable to recover damages, even if you have a strong case.
How an Attorney Can Help
Assault cases can be complicated, especially when dealing with the statute of limitations. Whether you’re facing criminal defense charges or seeking to file a civil lawsuit, an attorney can provide invaluable assistance in several ways.
Filing deadlines: A skilled lawyer will make sure that your case is filed on time, preventing any issues with missing the statute of limitations. They’ll help you understand the time frames and work to meet all necessary deadlines.
Tolling the statute: An experienced criminal defense attorney can help determine whether tolling applies in your case. They can guide you through any exceptions that may extend the statute of limitations.
Investigation and evidence collection: Lawyers can investigate the assault case, gather evidence, and work with professionals to build a strong case for either a criminal defense or a civil lawsuit. They can also help you track down witnesses and secure necessary documentation for your claim.
Protecting your rights: Whether you’re the defendant or the victim in an assault case, an attorney will work to protect your rights. They’ll make sure that you have the best chance of success in your case, whether through negotiation, settlement, or trial.
With extensive experience in both criminal defense and civil assault cases, Wolfe & Mote Law Group, LLC is dedicated to protecting your rights throughout the entire legal process. If you’ve been involved in an assault case, don’t wait—schedule a consultation today to discuss your options and get the legal support you need.
Contact an Attorney Today
If you’ve been involved in an assault case or need a criminal defense, call Wolfe & Mote Law Group, LLC. The firm serves clients throughout the Columbus area, including Dublin, Westerville, Gahanna, and Hilliard, as well as surrounding counties like Licking County, including Newark, Heath, and Granville, Fairfield County, including Lancaster and Pickerington, and Delaware County, including the City of Delaware, Lewis Center, and Powell. Call today for a consultation.