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Whats the time limit for prosecution to file charges in criminal assault/battery case in florida?

Orlando, FL |

whats the time limit for prosecution to file charges in criminal assault/battery case in Florida?
and how can they file charges based on nothing but false non-credible "witness" statements if no one has injuries from the so called battery ?

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Attorney answers 4

Posted

Assault and battery are different charges in Florida. 90 days if you were arrested and generally two years for battery and one year for simple assault if you were not arrested. The time frames can be greater if you are out of state. Injuries are not required for either charge. www.BryceFetter.com

James Regan

James Regan

Posted

Good answer.

Posted

It depends on whether you were arrested for the charge or not. There are different time limits based on arrest or nonarrest.

James Regan

James Regan

Posted

Good answer.

Posted

The Statute of limitations for a misdemeanor Assault (second degree misd.) is 1 year and for misdemeanor battery (first degree misd.) is 2 years. This can be found in Florida Statute 775.15. The state attorney's office sometimes does things that baffles us!!!!!!

James Regan

James Regan

Posted

Those baffling ASAs!

Posted

Depends on if there was an arrest or not. Also for a battery there not need be any injury. Just an unwanted touching.

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