Legal Question in Criminal Law in Florida

Battery Statue of Limitation

I would like to know what the statue of limitation for battery and obstruction of justice is. Thanks.


Asked on 12/27/04, 4:11 pm

1 Answer from Attorneys

Richard Hornsby Richard E. Hornsby, P.A.

Re: Battery Statue of Limitation

The Statute of Limitations for a Battery is one year.

It is more difficult to answer your question regarding obstruction of justice, as technically there is no crime, but it is instead the title of Chapter 843, Florida Statutes, which contains numerous statutes that constitute obstruction of justice, but have individual names.

Generally, most Obstructing offenses are either misdemeanors or third degree felonies. So if a misdemeanor, the statute of limitations if one year. If it is a third degree felony, the statute of limitations is three years.

Finally, if you were initially arrested for the offense, the State has one year (three years if felony) in which to file the Information (charging document) alleging the crime against you. Once they do the statute of limitations is irrelevant, even if they never notify you that formal charges have been filed.

I suggest you retain an attorney if you were in fact arrested, as many times an attorney can bargain down, or away, the charges.

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Answered on 12/27/04, 10:09 pm


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