What is the statute of limitations for aggravated assault?
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What is the statute of limitations for aggravated assault?
There was a drive-by shooting at my home over 5 yers ago. We just recently found out that the suspect was never charged with this crime, although he was arrested for aggravated assault. One of the bullets went through my home 6 inches from my son’s head where he was sleeping. We do not want this criminal to get away with this and need to know if it is now too late to prosecute him? The police caught him that night, recovered four guns, and recovered numerous shell casings.
Asked on June 21, 2012 under Criminal Law, Missouri
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Generally, the statute of limitations is three years for a felony aggravated assault charge. Missouri does have some specialized provisions, though, for extending a limitations period for up to three years under some limited circumstances.... this would essentially give you six years. You may want to make an appointment to visit with the agency and the DA's office to see if any of these provisions for extending time would apply to your son's assault. Whether of not these provisions will apply depends a great deal on why the prosecution never commenced and the conduct of the defendant in the mean time. None of these provisions may apply to the facts of your case-- but it's worth asking the questions if you do want this case prosecuted. The worst they can tell you is "no, the case is time barred." You have everything to gain by asking them to look and dig a little deeper on this end.
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