How long do you have to press charges after being assaulted

Asked almost 4 years ago - Carle Place, NY

I was hit in the head pretty hard and have been getting massive headaches ever since, and sometimes even loss of perception, i want to go get checked out at the hospital but i would like to know how long i have to press charges

Additional information

For a criminal case 2 Years and for most felonies 5 years. Whether it is a misdemeanor Or felony depends on the injury. For a civil case to sue for damages you only have one year

Attorney answers (2)

  1. Brian C. Pascale

    Pro

    Contributor Level 19

    Answered . Without knowing more about the assault and when it occurred it is difficult to answer the criminal aspect of your question. However, you should file a police report immediately. The Statute of Limitations for assault in NY is typically five (5) years.

    As for your injuries. You should immediately consult with a Neurologist who specializes in head injuries. You should also consult with a personal injury attorney immediately. An assault or battery is an intentional tort with a one (1) year Statute of Limitations. As such, you have up to one year from the date of the assault to file a civil claim against the person who assaulted you. However, there may be other factors. Where the assault occurred? Was it on private property where there should have been security? If there was negligence on the part of a property owner they may be liable as well. If they are, they are subject to a three (3) year statute of limitations from the date of the assault.

    Head injury cases are complex and you should speak with someone who has dealt with them before. My office is nearby, in Garden City, and I would be happy to speak with you further. I can be reached at (516) 280-4716. If you want to learn more about my law firm access our website: www.pascalelaw.com. You can learn more about me including my contact information on my Avvo profile

    Legal Disclaimer:

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    Answered . A police report should be filed as soon as possible. If you are injured, you may be able to go after them in a civil action, and a local personal injury lawyer in your city can give you a free consultation.

    Click on the picture to see the profile of the lawyer answering your question. The information provided on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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