It depends on how you want to proceed with the case. If you want to proceed criminally, which I assume you do since you went to the magistrate, the statute of limitations is one year pursuant to VA Code section 19.2-8 since assault and battery in violation of VA code section 18.2-57 is a misdemeanor. The code you cited is for a civil claim.
Answered on Jun 15th, 2016 at 6:10 AM