If you’ve experienced an assault, knowing your rights and how much time you have to take legal action is crucial. In Illinois, the statute of limitations governs how long you have to file a lawsuit or press charges for assault. Failing to act within this time frame could mean losing your chance to seek justice. This blog post will explore the details of Illinois’ statute of limitations for assault and what it means for victims.
What is the Statute of Limitations?
The statute of limitations is a law that sets a deadline for filing a lawsuit or criminal charges. These deadlines exist to ensure cases are brought to court while evidence is still fresh and witnesses’ memories are reliable. In Illinois, the time limit varies depending on whether the assault is classified as a civil or criminal matter.
Criminal vs. Civil Assault
- Criminal Assault: This refers to the state prosecuting the offender for violating the law. Assault in Illinois can range from a misdemeanor to a felony, depending on the circumstances.
- Civil Assault: Victims can file a personal injury lawsuit against the perpetrator to seek compensation for physical, emotional, or financial damages caused by the assault.
The statute of limitations differs for criminal and civil cases, so it’s essential to understand both.
Statute of Limitations for Criminal Assault in Illinois
In Illinois, the time limit for filing criminal charges for assault depends on the severity of the offense:
- Misdemeanor Assault: Typically has a 1-year statute of limitations from the date of the incident.
- Felony Assault (Aggravated Assault or Battery): Usually has a 3-year statute of limitations, but certain serious crimes may have longer periods or no statute of limitations at all.
Exceptions may apply to extend the statute of limitations in cases involving minors or when the victim was unaware of the assault at the time it occurred, such as cases involving delayed discovery.
Statute of Limitations for Civil Assault Lawsuits
If you’re seeking compensation for damages caused by an assault, Illinois law generally provides a 2-year statute of limitations for filing a personal injury lawsuit. This two-year window begins on the date of the assault. However, there are exceptions. For example, if the victim is a minor at the time of the assault, the statute of limitations may be extended until after they turn 18.
Why the Statute of Limitations Matters
It’s essential to be aware of and follow the statute of limitations. Missing the deadline can mean your case is dismissed, leaving you without legal recourse. This is why it’s vital to consult an attorney as soon as possible after an assault to understand your legal options and ensure you act within the appropriate timeframe.
If you have any more questions about the statue of limitations for assault in the state of Illinois, call our law office near Belleville, IL. Give Elovitz Law Office a call today for more information.
