Domestic Violence Crimes & Statutes of Limitations
In this day and age, murder (homicide) is one of the few offenses that has no statute of limitations in most countries. The rationale is that the offense is so awful that a perpetrator should not be permitted to simply live out their life before answering for their crime. Most other offenses, including most of those that qualify as domestic violence, have statutes of limitations, meaning that after a certain point, the perpetrator cannot be prosecuted.
Limited Time To File Charges
Florida counts a crime as a domestic violence offense when “physical injury or death” is caused to a person who has a special relationship with the alleged perpetrator – for example, a spouse, ex-spouse, or unmarried co-parent. Some sample offenses are listed in the statute, such as kidnapping, assault, battery, and false imprisonment, but this is not meant to be an exhaustive one.
Despite the harm that any of these offenses may cause to a victim, each one has a statute of limitations. A statute of limitations is a law detailing the period of time in which charges may be brought against the alleged perpetrator of a crime. Once this period has elapsed, the prosecution is barred (with rare exceptions) – evidence decays, after all, and so does memory.
Exceptions Exist
If you have been charged with a domestic violence offense, be aware that the statute of limitations on your alleged crime is usually the same as with any non-domestic offense. For example, if you commit misdemeanor assault, the statute of limitations is 2 years, meaning that you can be arrested and prosecuted during the 2 years immediately following the offense.
In addition, there are exceptions to Florida’s criminal statutes of limitations that do apply in some cases, though they are more rare. The major ones are: (1) if a victim is under 18, the statute of limitations can be extended until they reach that age; (2) If an alleged perpetrator has fled or is in hiding, the statute will be tolled (paused) until they are found; and (3) the statute can be extended for 1 year from the date of a DNA result that identifies a perpetrator.
Contact A West Palm Beach Domestic Violence Attorney
While a crime of domestic violence can cause untold harm to a victim, it is not usually seen as serious enough to have no statute of limitations. If you fear you may be charged with a domestic violence offense, a West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help ensure that you get your day in court. Contact our office today to speak to an attorney.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html
