Legal Question in Criminal Law in Texas

wife stabbed me in 2008 can something still be done


Asked on 4/11/11, 12:29 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

The statute of limitations has not run but it is unlikely that the police or prosecutors would accept charges after so much time has passed (unless there is a great explanation for why you did not report it before such as you have been continually abused, etc.) Such a long delay would make their case somewhat harder to prosecute but definitely, without a great explanation for the delay, much less sympathetic.

If you want to prosecute, you should get a copy of your medical records (especially if you told them the truth about how you were injured) and call the police. (If you lied to the medical personnel about how you were injured, then it makes it even less likely that charges would be accepted.)

Be aware that such a charged would be aggravated assault with a deadly weapon on a family member. This charges carries up to 20 years in prison as the possible punishment. Moreover, if convicted (or receive deferred adjudication probation), if she committed a future family violence assault - even what would otherwise be a misdemeanor - the charge would be a felony because it would be a 2nd family assault.

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Answered on 4/11/11, 2:30 pm


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