In Colorado, the statute of limitations for criminal offenses varies depending on the type and severity of the crime. For assault cases, the timeframe within which charges must be filed will depend on whether the offense is categorized as a felony or a misdemeanor.
Felony assault: The statute of limitations for felony assault charges is typically three years from the date of the offense. This means that the state has three years to prosecute a defendant for first-degree or second-degree assault.
Misdemeanor assault: For misdemeanor assault, which typically includes third-degree assault, the statute of limitations is 18 months.
If the state fails to bring charges within these timeframes, the defendant may have grounds to have the charges dismissed.
However, certain factors can affect these timelines, potentially extending or shortening the period within which legal action can be taken. Your criminal defense attorney can give you more information.
Contact us at The Leier Law Office, LLC for more information from an experienced Colorado criminal defense attorney.
Assault Charges in Colorado
Under Colorado law, there are different degrees of assault, 1st Degree, 2nd Degree, and 3rd Degree Assault, each with varying levels of severity and corresponding penalties:
Each of these charges comes with its own legal consequences and potential statute of limitations, but the key issue is understanding how long the state has to bring these charges.
Exceptions to the Statute of Limitations
While the general statute of limitations for assault cases is clear, there are some exceptions that could extend the timeline for prosecution. These exceptions typically occur when certain factors are at play that hinder the immediate prosecution of the crime.
Assaults Involving Minors
If the assault is committed against a minor, the statute of limitations may be extended. For example, if the victim is under the age of 18 at the time of the assault, the statute of limitations may not begin until the victim turns 18.
This can significantly lengthen the window during which charges can be brought, depending on when the victim comes forward.
Assaults Leading to Death
If an assault leads to the death of the victim, the statute of limitations may change. In Colorado, there’s no statute of limitations for homicide, including cases where an assault results in the death of the victim. This means that prosecutors could bring charges at any time, even decades after the incident occurred.
Absence of the Defendant
If the defendant leaves the state of Colorado after committing the assault, the statute of limitations may be paused or "tolled." Essentially, the clock will stop running during the time the defendant isn’t present in the state.
Once the defendant returns, the statute of limitations resumes, allowing for prosecution within the original time limits.
Tolling may apply in situations where the defendant is not present in the state, preventing law enforcement from serving them with charges. Additionally, if the victim is a minor or mentally incapacitated, the statute of limitations may be extended until they’re able to pursue legal action.
DNA Evidence and Identifiable Suspects
In some cases, when new evidence such as DNA emerges, prosecutors may be able to charge a defendant even after the statute of limitations has expired. The use of DNA or other forensic evidence can sometimes extend the timeline for filing charges, particularly in cases involving unidentified suspects.
Consequences of Missing the Statute of Limitations
If the statute of limitations has expired, it can be a strong defense for the accused. This means that even if there’s compelling evidence against the defendant, the court may dismiss the charges if they’re filed too late.
The statute of limitations serves to protect defendants from facing charges after an excessive amount of time has passed, which can make it difficult to mount a fair defense due to the loss of evidence, witnesses, or memories. However, it’s important to note that the statute of limitations doesn’t erase the offense itself.
While the defendant may avoid criminal charges, the underlying assault remains a matter of record and can have ongoing civil or personal ramifications. Additionally, in some cases, civil actions, such as personal injury lawsuits, may be brought against the defendant, even if criminal charges are no longer an option.
How to Respond if You’re Facing Assault Charges
If you’ve been accused of assault, understanding the statute of limitations is just one part of building your defense. Working with a knowledgeable criminal defense attorney is essential to managing these laws and making sure that you understand your rights.
An experienced criminal defense attorney can evaluate whether the statute of limitations applies in your case and whether any exceptions or extensions could impact the timeline.
Additionally, even if the statute of limitations hasn’t expired, it’s important to begin working on your defense as soon as possible. Assault charges can have serious consequences, including jail time, fines, and a permanent criminal record. By seeking legal counsel early, you increase your chances of securing a favorable outcome.
Civil Consequences of Assault
Even if the statute of limitations for criminal assault charges has passed, victims may still pursue civil actions for damages. Civil cases often have different statutes of limitations, and the burden of proof is lower than in criminal cases.
A victim may file a lawsuit for personal injury, seeking compensation for medical bills, lost wages, and emotional distress resulting from the assault. A criminal defense attorney will be a great aid in such cases.
Civil vs. Criminal Assault Cases
In addition to the criminal consequences of assault, individuals may also face civil lawsuits related to the same incident. Civil claims for assault focus on compensating the victim for damages, such as medical expenses, lost wages, and pain and suffering.
While the statute of limitations for criminal charges is determined by Colorado state law, civil cases generally have separate time limits.
These timeframes can vary, but typically, a victim has two years from the date of the incident to file a civil lawsuit for assault-related injuries. Understanding the differences between criminal and civil actions is crucial when evaluating the legal consequences of assault.
Get in Touch With Us
Whether the statute of limitations is a factor in your case or not, having legal representation can make all the difference in achieving a positive outcome. Reach out to us at The Leier Law Office, LLC for help in Fort Collins, Colorado as well as Loveland, Greeley, Windsor, and Evans.
