It depends on the level of the offense. A minimum of two years. And that statute was probably tolled while the case was pending previously.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.
Ms. Jaggers is right. Start with the date of the alleged offense. Add two (2) years (if a misdemeanor). Then add the time the information/complaint was on file with the court to the time it was quashed. Generally, that date is the day the statute of limitations expires unless it was tolled for additional reasons.
Agree with both of my colleagues, but just in case it was a 3rd degree felony family violence, the statute of limitations (the time they have to file) is 3 years instead of 2.
I am not your lawyer... yet. If you would like me to be, give me a call at 512-535-1081, or send me an email to email@example.com.
It depends on whether the Assault Family Violence was enhanced to a felony because of a prior charge (even deferred adjudications count as a prior since 1998) or a misdemeanor. Generally felony statute of limitations are from 5-10 years and misdemeanors are 2 years. However, during the time from the filing of the case until it is dismissed, the statute is tolled, thereby it would be wise to start counting the time from the date of the dismissal not the arrest.