Skip to main content

What is the statue of limitations regarding criminally charging someone for threatening your life in New York?

Ithaca, NY |

What is the statue of limitations regarding criminally charging someone for threatening your life in New York?

# of years
and what circumstances would make them still remain as a danger to someone's life?

+ Read More

Attorney answers 5

Posted

2 years for a misdemeanor 5 for a felony.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Asker

Posted

situation I was physically assaulted even after the death threats had been made (6 months later and then again 1 year after, meaning two times since the death threat. which stated If I ever moved back into new york i would be killed as would my children, please note that i recently moved back, and i have discovered that my ex is still married to this person and has contact with her, she can see where my kids live at, where they go to school and where they work. and he has been stalking me, driving by my house, sending his co-workers to follow me and harass me online and offline, So I went to the police and they said that there are no tort laws for online stalking. harassment, including threatening phone answering machine messages. He then put a protection order against me to further alienate me from the kids, He has a past violation of a protection order i had against him when he broke into my home. He is still doing the same things and has not and will not stop. I do not leave my home because of this, I can not sit out on my front porch anymore, I am scared of him.

Asker

Posted

I need a damn good criminal defense attorney. I'll explain why I need one that's pro bono. Please understand I am seeking protection for my children and myself.

Posted

There is no specific statute for "threatening another life". The acts could be classified as a violation (harassment) a misdemeanor (menacing & aggravated harassment) or perhaps a felony if the threat was used to gain something (coercion or extortion). The statute of limitations for felonies (except Murder) is 5 years. The Statute of Limitations for a misdemeanor is 2 years.

Asker

Posted

The threats had been used as intimidation as a way to control the kids from saying anything to the lawyers, the judge, the law guardian on my ex's new wife , my ex had taken me back to court, the threat against me and the kids life was due to me coming to court. these threats have been made repeatedly and other intimidation methods as well have been used by my ex , his wife, and his family members. I need a really good attorney here.

Posted

5 years for a felony. They are a danger if they are still threatening your life

Asker

Posted

If the statue is almost up meaning ( almost being 5 years since death threat occurred but after the death threat was made i was physically attacked) threats were made 12/30/08. stated that if I ever moved back to this state i would be killed as would my children) I recently moved back and now I am once again being harassed. There is no telling what my ex is going to do next.

Posted

Under 18 USC § 3282 a Grand Jury must issue a Federal indictment within five (5) years after the defendant committed the offense.

Asker

Posted

If the statue is almost up meaning ( almost being 5 years since death threat occurred but after the death threat was made i was physically attacked) threats were made 12/30/08. stated that if I ever moved back to this state i would be killed as would my children) I recently moved back and now I am once again being harassed.

Stephen F Wallace

Stephen F Wallace

Posted

If the threats started up again - the SOL is renewed for those new crimes. File a complaint pronto!

Posted

If it's a misdemeanor, the statute of limitations is two years. If it's a felony, it's five years.

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer