Statutes of limitation set forth the rules to be followed in filing cases both civil and criminal and prevent filing of cases after a period of time. In other words, the statutes set forth the time limit within which a case can be filed. The core idea behind the framing of limitation statutes is to prevent fraudulent claims that arise after the loss of all substantial evidence involved in cases with passage of time and depends solely on the nature of claim or offense involved. While states differ in the limitation statutes pertaining to criminal filings, the idea fundamentally remains same. This article deals with the Indiana State laws of limitation on Assault and Battery.
The period of limitation within which a criminal case can be filed in Indiana is 2 years. If no case is filed within the stipulated limitation period then there cannot be a case at all, save exceptions. The period of limitation commences from the date of occurrence of crime in criminal cases and the date on which the claim arises in civil lawsuits. There is no litigation or prosecution if the limitation expires.
What is assault and battery?
The crimes involve threatening someone of dire consequences by inflicting violence on the body or causing actual bodily injury. In the case of assault and battery, the former culminates into the latter with an overt action following intimidation. The time from when the assault or threat happens is taken into account in filing the case until expiration of two years from such date.
Limitation to Assault and Battery in Indiana
According to Indiana law, assault and battery fall under IC 34-11-2-4. This states that the limitation period runs for a period of two years to initiate a complaint for the said offences for action by the court and the right to file is forfeited after the said period.
Exceptions to the Law
Assault and battery involving sexual violence is exempted from the limitation period. Offence such as rape of first degree can be prosecuted without the impact of law of limitation. The prosecution for rapes of lesser degree involving identification of the offender by way of a DNA test can be initiated within 1 year of such identification. Here the period that elapses until such identification is not taken into consideration.
In order to file a complaint for assault and battery, you must know what is assault and battery in the first place. Check with the definitions from a reliable source or consult a criminal legal practitioner who is better placed in determining if the act is assault or battery or both.