Can criminal battery charges be filed a month after it was supposed to have happened?

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Can criminal battery charges be filed a month after it was supposed to have happened?

My friend is in jail right now for a different charge but his ex-girlfriend is telling him now that she is going to press battery charges on him. He has previously been charged with battery years ago. She was hitting and biting him when they were together and he was scared to do anything because he don’t think anyone would believe him due to his history. She also told him if he tried to leave her or called the police then she would tell everyone that he was the one hitting her. The only reason she is now saying that she wants to press charges is because he quit calling her.

Asked on May 1, 2012 under Criminal Law, Indiana

Answers:

Paul Stanko / Attorney Paul Stanko

Answered 9 years ago | Contributor

The statute of limitations on most midemeanors is two years, and on most felonies, five years. The prosecutor has complete discretion on when to file charges within those limitations.

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Yes, criminal charges can be filed a month or even longer after the event is supposed to happen, it all depends on when the victim originally notifies the police to let them know of the criminal activity. After a police or incident report is made, that information is given to the prosecutor to determine if criminal charges will be filed. This can sometimes occur well after the initial incident where the criminal charges stemmed originated.


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