What is the TIME LIMIT for pressing charges regarding an assault?

Question

If a sweet innocent girl was brutally assaulted in school for no reason, and the offender laughs about it while she is crying in excruciating pain on the ground, and the girl parents only find out about it 10 months later, can they still file a law suite against the offender? Both the victim and the offender are 16 years old now, but at the time of the assault it’s possible that one or the two were 15 years old, does that makes any difference?

It happened in the State of CALIFORNIA, city of Corona.

THANK YOU!

Answer 1

As noted above, you seem to be confusing two different things: filing criminal charges and filing a civil suit. Individuals do not file criminal (or in this case, juvenile) charges. That is done by prosecuting attorneys. If this is a misdemeanor assault, the time limit for filing such charges is one year. If it is a felony (with a deadly weapon or my means likely to cause great bodily injury), the time limit is three years.

I am not a civil attorney, but it is my understanding that the time limit for filing a civil suit for bodily injury is two years.

Answer 2

I think you are talking about two different things here. Pressing charges means that the person is charged criminally by the police. To file a law suit means to take action against someone in civil court for monetary compensation for pain and suffering, lost wages etc.. The time limit may be different on each. For example, here in Canada there would be no time limit for the criminal charge of assault and I believe that the time limit for filing a civil suit would be 6 months.

You should add a comment to your question to clarify this point and I hope someone from California can give you the answer you need.

Answer 3

i don't think that their age really matters. i think that the statue of limitations is 7 years. if the victim did not file a police report, or anything, it will be hard to prove that she was assaulted without any evidence to support it.