Indiana Statute of Limitations for Assault & Battery
The statute of limitations for assault and battery in the state of Indiana is 2 years. Typically, if no charges are filed within 2 years, they no longer can be; however, exceptions may apply depending on the circumstances.
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Assault and Battery
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The offense of assault and battery consists of the threat of physical violence followed by actual physical violence. For instance, telling someone that you're going to strike them and then actually doing it.
Prosecution Time Frame
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The period of time for the charge of assault and battery to be brought against an assailant begins the moment that the action occurs.
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IC 34-11-2-4
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Indiana law IC 34-11-2-4---which assault and battery fall under---states that any penalty action against an individual who caused injury to another person must be initiated within 2 years, otherwise any penalty action is forfeited.
Exceptions
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If the assault and battery was of a sexual nature---such as rape---than the normal statute of limitations no longer applies. Prosecution of a first-degree rape has no statute of limitation. Lesser degrees of rape may be prosecuted within 1 year of discovery of the identity of the offender (such as by DNA evidence) regardless of how much time has passed.
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