QUESTION
Can I still press charges against a person after 3 years or is it too late?
Asked on Jun 18th, 2015 on Personal Injury - New York
More details to this question:
Late 2012, I was attacked and seriously injured (broken cheek bone) by someone at a night club. The police detained the attacker - whom I identified - but they refused to press charges at the time, even though I demanded to. We were both issued tickets for fighting. Can I still press charges against this person, or is it too late? I have witnesses and most likely the police report is still available.
8 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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You posted this under false pretenses. This is a criminal matter.
Answered on Jun 18th, 2015 at 9:41 PM
You may be confusing the law. ?Only the DA can decide whether criminal charges will be brought, and apparently the DA decided against it as they would have done so by now. ?You are not given a "ticket" by the police for fighting, you either are arrested or not and the police may give you a citation or not, with the DA to then decide whether charges will be brought. ?In California, the time in which you must bring suit is 2 years for personal injury [injury to your body] so it appears the time to sue has passed. ?Check on line if anyone has sued you, as the person who hit you might have filed suit, although you should have been served by now.
Answered on Jun 18th, 2015 at 9:40 PM
Edwin K. Niles
?Press charges? is a TV term. If you mean criminal it?s not up to you, but rather the D.A. If you mean a civil suit I think it?s too late.
Answered on Jun 18th, 2015 at 9:36 PM
Lisa Hurtado McDonnell
Press Criminal assault charge are at the discretion of the police and prosecutors. Personal injury is a civil action. If you were injured and you have medical bills then you can recovery for your injuries. You have four years before you injury claim expires.
Answered on Jun 18th, 2015 at 2:00 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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This appears to be an intentional tort. Fairly recently he limitations period for intentional torts was extended from two to three years. But unless you have one of the rare reasons for getting the statute of limitations extended, you are probably out of luck. Consult an experienced personal injury lawyer. Wisdom is spread rather randomly throughout the profession: perhaps he or she will discover facts while meeting with you which can make a difference? BTW, could the assailant afford to pay a judgment of any size? The expense of the legal action maybe as much as you can gain.
Answered on Jun 18th, 2015 at 12:55 PM
You can always ask the police or district attorney to press charges, but it is their decision to do so or not.
Answered on Jun 18th, 2015 at 12:54 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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First of all, it isn't up to you. You already said that the police refused to press charges, but then you said that you were both issued tickets, which means that charges were in fact brought. If they didn't take action then, what makes you think they would do so now?
Answered on Jun 18th, 2015 at 12:54 PM
Ronald A. Steinberg
I can only use Michigan law to answer your question. 3 years is beyond the 2 year Statute of Limitations for suit on an intentional act, so the "bad guy" is immune. 3 years is beyond the 2 year Statute of Limitations for suit against a bar for dram shop liability, which is a suit based on the person's acting like a jackass "due to the consumption of alcohol." 3 years is beyond the 3 year Statute of Limitations for a suit against a bar for failing to provide you with reasonably safe premises by allowing someone whom they knew or reasonably should have know to be violent to enter and remain in the bar.
Answered on Jun 18th, 2015 at 12:54 PM