I went to the hospital the next day but they said they woud have to arrest him I got so scared I left the hospital the police went to the house and knocked on the door nut he would'nt answer ca
2007-03-14 08:38:19 · 18 answers · asked by Rebekah B 1 in Politics & Government ➔ Law Enforcement & Police
Statute of Limitations would definitely be up on that.
Also, the threat (gun to head) one of the major elements of that would be you feeling in fear for your safety. While I am sure you were in fear, it would be legally argued that you must not have been if you waited so long.
In my experience, even if you wait days or weeks on threat based offenses it's much harder to pursue charges.
If you are still calling this person your husband my advice is to get out of the relationship now. You can't press criminal charges for that behavior but it could most certainly be used at your divorce proceedings.
2007-03-14 09:04:04 · answer #1 · answered by Kevin 6 · 0⤊ 0⤋
I'm afraid the statute of limitations have run out on that one. You may be able to get a restraining order based upon that and in fact I'm willing to bet you can. In the future...call the cops. Any man who does something as criminal and intimidating as that will have no compunction of pulling a trigger next time. Especially if he's been drinking and can say you drove him to it. Your defense on the other hand won't be heard because you'll have a hole the size of a golfball in your wisdom nut.
2007-03-14 08:53:59 · answer #2 · answered by Quasimodo 7 · 0⤊ 0⤋
"One reason for statutes of limitations is fairness; that is, over time memories fade, evidence is lost or never found, and people prefer to get on with their lives without legal intrusions from the past. The length of these statutes varies from country to country, state to state, or province to province, and often depends on the type of civil action or the seriousness of the crime."
"Another reason for statutes of limitations is closure or certainty. At some point, society will no longer make its tribunals available for dispute resolution. Eventually, law enforcement agencies will stop using public resources to investigate a given crime. For civil actions, statutes of limitations usually range between one and ten years. In Nevada, for example, it is two years and in New Mexico and New York, three.
In California until 2003, the statute of limitations for most personal injury actions (including those resulting from car accidents) was one year from the date of the accident. Now, it is two years from the date of the accident, the change effective on January 1, 2003. (See Cal Code Civ Proc § 335.1 (2006: "Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another"))."
If it happened, you should have left him and filed charges while you had the proof.
2007-03-14 08:49:12 · answer #3 · answered by coutterhill 5 · 0⤊ 0⤋
Check with your local DA's office to find out the statuate of limitations on assualt in your state. Even if it's not too late, you would be hard-pressed to prove it since you don't have records of hospitalization/medical treatment or a police report of the incident at that time.
2007-03-14 08:42:27 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It depends what your State's statute of limitations allows. Most states would allow only a year or two for that. But it really doesn't matter any way, because it's highly doubtful you could get a conviction from something that happened so long ago. ...unless you have some proof or he confesses.
2007-03-14 08:49:51 · answer #5 · answered by Mick 2 · 0⤊ 0⤋
Going to be a little hard to prove 6 years after the fact.
I would let this alone- it doesn't make you look like a very bright bulb to wait this long to press charges.
2007-03-14 08:44:45 · answer #6 · answered by Anonymous · 1⤊ 0⤋
I would have to check the exact crime and statue of limitation but I do beleive the statue of limitation is over.
Also the chance of having any valid evidence and the chance of the DA actually going to court is almost nill.
2007-03-14 09:01:19 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Maybe...ask a lawyer. The hospital may still have records. Prosecution can go back seven years.
2007-03-14 08:46:30 · answer #8 · answered by bwlobo 7 · 0⤊ 1⤋
depends on the state you live in and the statu of limitations. Call your local police department and ask them.
2007-03-14 08:42:12 · answer #9 · answered by j 4 · 0⤊ 0⤋
Im not sure but my advise is find out and do your best to file charges.. he deserves to be prosecuted.
Dont be afraid of him, he's very clearly a weak pathetic coward
2007-03-14 08:46:38 · answer #10 · answered by Anonymous · 0⤊ 1⤋