QUESTION
Can murder charges be filed if the victim died years after the crime?
Asked on Oct 01st, 2011 on Criminal Law - Oregon
More details to this question:
If a victim of an assault with a deadly weapon crime dies three years later, is it murder?
27 ANSWERS
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Death must occur within one year.
Answered on Jul 08th, 2013 at 9:32 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on Jun 03rd, 2013 at 1:46 AM
Drunk Driving Attorney serving Spencer, MA
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Law Office of Ernest T. Biando LLC
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Yes.
Answered on Jun 03rd, 2013 at 1:43 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes, it can be.
Answered on Jun 03rd, 2013 at 1:41 AM
Gary Moore
It can, if his death was caused by the wounds suffered in the assault.
Answered on Oct 28th, 2011 at 1:21 PM
3 Awards
There would have to be evidence that the assault caused the death.
Answered on Oct 28th, 2011 at 1:21 PM
If the cause of death is related to the original injury.
Answered on Oct 28th, 2011 at 1:21 PM
Criminal Defense Attorney serving Irvine, CA
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Todd A. Landgren A Professional Law Corporation
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It can be if the cause of death was from the acts of the assault!
Answered on Oct 28th, 2011 at 1:21 PM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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Murder is a death caused as a result of the deliberate or negligent act of another. If the cause of death can be attributed to the initial battery then murder can be charged, there is no statute of limitation on murder.
Answered on Oct 06th, 2011 at 9:53 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes. It is up to 3 years and 1 day.
Answered on Oct 05th, 2011 at 11:27 PM
3 Awards
If it is a result of your conduct, then technically they could. Going to be quite the stretch thought. A good attorney should be able to beat this for you.
Answered on Oct 05th, 2011 at 11:26 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If the person was not prosecuted for the aggravated assault, then the person can be prosecuted for the murder. If the person was found not guilty of the aggravated assault, the DA's office might try to pursue the murder anyway although the defense lawyer would have all kinds of arguments against this.
Answered on Oct 05th, 2011 at 11:25 PM
If the injuries received in the assault were the ultimate cause of death the assailant can be charged with murder. There is no statute of limitations on murder.
Answered on Oct 05th, 2011 at 11:24 PM
Michael J. Breczinski
That depends on the State. Some have a rule of a years ans a day and some do not. It also depends on the facts there may be an intervening cause that resulted in the death.
Answered on Oct 05th, 2011 at 11:24 PM
Yes. In most cases if the cause of death grows out of the incident then murder can be charged if it is a result of the incident. I would consult an attorney as soon as possible to protect your rights. Do not give any interviews or statements without your attorney present.
Answered on Oct 05th, 2011 at 11:23 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Possibly. It will depend on the circumstances. Issues of double jeapordy may arise. If charged, you should contact an attorney to represent you.
Answered on Oct 05th, 2011 at 11:23 PM
If a person that is a victim of an assault dies as a result of the assault then the person charged with the assault may be charged with the murder. However, if the person was tried for the assault and the trial was concluded or if the people plead guilty of the assault then the double jeopardy rule comes into play.
Answered on Oct 05th, 2011 at 11:22 PM
Arguably murder charges could be filed if it was the initial assault that caused the death. If there were intervening causes, they should not be filed. However, sometimes the DA files them anyway and then it's up to the defense to present the intervening cause argument.
Answered on Oct 05th, 2011 at 5:40 PM
If the death is attributable to the assault - for example, the assualt left the victim in a vegetative coma for three years and then the victim dies - yes.
Answered on Oct 05th, 2011 at 5:15 PM
Criminal Defense Attorney serving Birmingham, AL
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The Harris Firm, LLC
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Yes, if the death was a result of the assault. Say you shoot someone. They go into a coma, linger for 3 years, then die. You'll likely be charged with murder. Obviously, you'd want to hire a lawyer and fight this, if possible.
Answered on Oct 05th, 2011 at 3:55 PM
Drug Crimes Attorney serving Philadelphia, PA
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Laguzzi Law, P.C.
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If the diagnosis is that the victim died as a result of the assault, the alleged perpetrator could be charged with murder.
Answered on Oct 05th, 2011 at 3:52 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Yes, murder charges could be filed. It used to be required that the victim die within 1 year and 1 day of the act, but it's now within 3 years and 1 day. There isn't really an upper time limit, but if the death occurs after that 3 years & a day time frame, there is a presumption that the death was not criminal, but it can be overcome by a showing by the prosecution that the death resulted from the criminal act.
Answered on Oct 05th, 2011 at 2:51 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It's possible, as long as the elements of the crime can be met. Of course, that leaves a lot of room for argument when a situation like that occurs. If charged, retain experienced counsel right away.
Answered on Oct 05th, 2011 at 2:51 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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There is no statute of limitations on murder. You also don't give me any other facts. If for instance the person assaulted languished in a coma for 3 years, then yes. If the death can be directly attributed to the death, then yes.
Answered on Oct 05th, 2011 at 2:50 PM
It can be-if the underlying assaultive act was the cause of death, even if the death was years later, murder or manslaughter charges could be brought.
Answered on Oct 05th, 2011 at 2:50 PM