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  1. #1
    Join Date
    Apr 2006
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    4

    Default How long after an incident may criminal charges be filed?

    How long after an assault and battery can you wait before you turn a person in for it????
    Thanks in advance,Elkhuntr

  2. #2
    Join Date
    Apr 2006
    Posts
    4

    Default

    Some one must know the answer to this.I had a co worker hit me and I was wondering if there is a time limit before I can file against him?
    Thanks, Elkhuntr

  3. #3
    Join Date
    Jan 2006
    Location
    West Virginia
    Posts
    36

    Default

    I think you are asking about statute of limitations..Since you have not mentioned your state I believe the majority is one year.

  4. #4
    Join Date
    Apr 2006
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    4

    Default

    The state is Colorado.Some one told me 180 Days.Is this correct?
    Elkhuntr

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,521

    Default

    Quote Quoting elkhuntr
    The state is Colorado.Some one told me 180 Days.Is this correct?
    Elkhuntr
    From CRS 16-5-401 ...

    Murder, kidnapping, treason, and any forgery regardless of the penalty provided: No limit

    Attempt, conspiracy, or solicitation to commit murder; attempt, conspiracy, or solicitation to commit kidnapping; attempt, conspiracy, or solicitation to commit treason; and attempt, conspiracy, or solicitation to commit any forgery regardless of the penalty provided: No limit

    Other felonies: Three years

    Misdemeanors: Eighteen months

    Class 1 and 2 misdemeanor traffic offenses: One year

    Petty offenses: Six months


    If the specific offense is a "petty offense", then it is six months. However, I am going to guess that most assault and battery is going to be a misdemanor - thus you should have 18 months.

    Why do you want to wait? Or, why DID you wait?

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  6. #6
    Join Date
    Apr 2006
    Posts
    4

    Default

    Carl, The reason I wait is my emplyer didn't want me to press charges.I am going to wait and see if they lose there job or if they give me anymore trouble.If they don't lose there job wouldn't the employer be responsible if anything happens to me.If nothing happens then I might have to file.What's the difference between a petty offense and a misdemeanor?
    Thanks Elkhuntr

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,521

    Default

    Quote Quoting elkhuntr
    Carl, The reason I wait is my emplyer didn't want me to press charges.I am going to wait and see if they lose there job or if they give me anymore trouble.If they don't lose there job wouldn't the employer be responsible if anything happens to me.If nothing happens then I might have to file.What's the difference between a petty offense and a misdemeanor?
    Thanks Elkhuntr
    The employer might be found partially liable by a jury in a civil suit if you were injured in a fight that the employer knew was almost certain to occur with the other party as the aggressor. But absent your injury and some specific and compelling proof that the employer knew the attack was likely, I doubt that they could be held liable. Generally fights are something that "takes two to tango" - very rarely are they a matter of one person being jumped by another and pummeled. A mutual fight is not likely to gain any sympathy by a jury even if suing the other party (who would be the party most liable for any assault).

    As for what level of offense this is, without knowing the details, it is hard to say. As I am not familiar enough with CO law to guess, I will presume based upon my reading of the CO Statutes that if you were assaulted it is at LEAST a misdemeanor and COULD (depending on the details) be a felony.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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