Legal Question in Criminal Law in Georgia
Deadline to press charges
What is the dealine, timeframe or time constraints for a person to be charged with a crime? For example: If person ''A'' hits person ''B'' with a baseball bat, can person ''A'' (the agressor) be charged of assault by person ''B'' (the victim) even if the incident occurred more than a week ago?
2 Answers from Attorneys
Re: Deadline to press charges
yes, the state has up to two years to officially charge a person. If the charge is from an individual then a probable cause hearing will follow. If the victim proves the case beyond a preponderence of the evidence then a warrent will be issued. At this point you would need to post bail and retain an attorney. Remember, being charged is different from being found guilty
Re: Deadline to press charges
If someone is hit with a bat the charge is NOT assault.
If battery or simple battery, then there is two years to file the charge.
Using a bat could likely be aggravated assault, a felony. That charge must be filed within 4 years.
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