What are the statute of limitations on aggravated assault with dangerous instrument

Asked over 3 years ago - Maricopa, AZ

the incident in question happened July 16,17 2010 my nephew who is 19 was arrested oct 7 2010, the victim has re-canted his statement and wants nothing to do with the case, we do know that the detective involved let it be known that he was going to take this personal because he new the victim. when my nephew as arrested he was in court a week later his public defender was trying 2 have in released for his rights being violated. he has a secure bond of 75,000. the public defender has offered her advice the best thing for us to do is hire a lawyer (witch we are trying to do as we speak) because there is a mistaken identity of a house of 15 20 people no evidence r weapon and a lot of he said she said, the only thing she will do is offer him pleas cause of heavy case load. PLEASE ANY ADVISE

Attorney answers (1)

  1. Ryan John Stevens

    Pro

    Contributor Level 11

    Answered . In Arizona, the statute of limitations on felony charges is 7 years. (For some special cases, like first degree murder, it is indefinite.) However, if your nephew is being held on a secured $75K bond, and has a public defender, it sounds like the charges have already been filed. Once charges are filed, your nephew has special rights called Speedy Trial Rights, which guarantee that if he is being held in custody that his trial (if there is no plea agreed upon) has to take place in a certain time frame. I discussed speedy trial rights on my blog (the link is below my name).

    It sounds like the prosecution will have a tough time proving that your nephew is the guilty person. That all depends on the testimony of witnesses and if there is any tangible evidence (fingerprints, DNA, photographs, etc.).

    Best of luck.

    Ryan Stevens

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