What is the Statute of Limitations for Assault in Georgia?
Full Question:
Answer:
With the exception of death penalty cases, the statute of limitations for Georgia for most crimes is seven (7) years. Please note that there are exceptions to the statute--e.g., it does not include years the suspect lived outside the state or if the identity of the offender is unknown. There are also exceptions for government & fudiciary persons. Prosecution for misdemeanors must be commenced within two years after the commission of the crime.
A restraining order may be issued to a person who is a victim of harassment. A restraining order is a court document that is an order signed by a judge. The restraining order prohibits harassment. A restraining order may be issued against an individual who has engaged in harassment, or against organizations which have sponsored or promoted harassment. The distance required to be maintained is governed by the language of each specific order, which may include places of work, school, etc. Temporary restraining orders typically expire on the hearing date, but local law should be consulted for specific requirements. Often the restrained person will ask for a mutual stay-away order. The restraining order may expire by statute or remain in effect until vacated by the court. The order may or may not be issued ex parte, or without both parties to the order present. In certain cases, a judge may require testimony by both sides before issuing a restraining order.
The following are GA statutes:
17-3-1. (a) A prosecution for murder may be commenced at any time.
(a) A prosecution for murder may be commenced at any time.
(b) Prosecution for other crimes punishable by death or life
imprisonment must be commenced within seven years after the commission of
the crime except as provided by subsection (c.1) of this Code section;
provided, however, that prosecution for the crime of forcible rape must be
commenced within 15 years after the commission of the crime.
(c) Prosecution for felonies other than those specified in subsections
(a), (b), and (c.1) of this Code section must be commenced within four
years after the commission of the crime, provided that prosecution for
felonies committed against victims who are at the time of the commission
of the offense under the age of 18 years must be commenced within seven
years after the commission of the crime.
(c.1) A prosecution for the following offenses may be commenced at any
time when deoxyribonucleic acid (DNA) evidence is used to establish the
identity of the accused:
(1) Armed robbery, as defined in Code Section 16-8-41;
(2) Kidnapping, as defined in Code Section 16-5-40;
(3) Rape, as defined in Code Section 16-6-1;
(4) Aggravated child molestation, as defined in Code Section 16-6-4;
(5) Aggravated sodomy, as defined in Code Section 16-6-2; or
(6) Aggravated sexual battery, as defined in Code Section 16-6-22.2;
provided, however, that a sufficient portion of the physical evidence
tested for DNA is preserved and available for testing by the accused
and provided, further, that, if the DNA evidence does not establish the
identity of the accused, the limitation on prosecution shall be as
provided in subsections (b) and (c) of this Code section.
(d) Prosecution for misdemeanors must be commenced within two years
after the commission of the crime.
17-3-2. The period within which a prosecution must be commenced under
Code....
The period within which a prosecution must be commenced under Code
Section 17-3-1 or other applicable statute does not include any period
in which:
(1) The accused is not usually and publicly a resident within this
state;
(2) The person committing the crime is unknown or the crime is unknown;
(3) The accused is a government officer or employee and the crime
charged is theft by conversion of public property while such an officer
or employee; or
(4) The accused is a guardian or trustee and the crime charged is theft
by conversion of property of the ward or beneficiary.
17-3-2.2. In addition to any periods excluded pursuant to Code Section
17-3-2, if....
In addition to any periods excluded pursuant to Code Section 17-3-2, if
the victim is a person who is 65 years of age or older, the applicable
period within which a prosecution must be commenced under Code Section
17-3-1 or other applicable statute shall not begin to run until the
violation is reported to or discovered by a law enforcement agency,
prosecuting attorney, or other governmental agency, whichever occurs
earlier. Such law enforcement agency or other governmental agency shall
promptly report such allegation to the appropriate prosecuting attorney.
Except for prosecutions for crimes for which the law provides a statute
of limitations longer than 15 years, prosecution shall not commence more
than 15 years after the commission of the crime.
16-5-20. (a) A person commits the offense of simple assault when he or
she....
(a) A person commits the offense of simple assault when he or she
either:
(1) Attempts to commit a violent injury to the person of another; or
(2) Commits an act which places another in reasonable apprehension of
immediately receiving a violent injury.
(b) Except as provided in subsections (c) through (h) of this Code
section, a person who commits the offense of simple assault shall be
guilty of a misdemeanor.
(c) Any person who commits the offense of simple assault in a public
transit vehicle or station shall, upon conviction thereof, be punished
for a misdemeanor of a high and aggravated nature. For purposes of
this Code section, "public transit vehicle" means a bus, van, or rail
car used for the transportation of passengers within a system which
receives a subsidy from tax revenues or is operated under a franchise
contract with a county or municipality of this state.
(d) If the offense of simple assault is committed between past or
present spouses, persons who are parents of the same child, parents
and children, stepparents and stepchildren, foster parents and foster
children, or other persons excluding siblings living or formerly
living in the same household, the defendant shall be punished for a
misdemeanor of a high and aggravated nature. In no event shall this
subsection be applicable to corporal punishment administered by a
parent or guardian to a child or administered by a person acting in
loco parentis.
(e) Any person who commits the offense of simple assault against a
person who is 65 years of age or older shall, upon conviction thereof,
be punished for a misdemeanor of a high and aggravated nature.
(f) Any person who commits the offense of simple assault against an
employee of a public school system of this state while such employee is
engaged in official duties or on school property shall, upon conviction
of such offense, be punished for a misdemeanor of a high and aggravated
nature. For purposes of this Code section, "school property" shall
include public school buses and stops for public school buses as
designated by local school boards of education.
(g) Any person who commits the offense of simple assault against a
female who is pregnant at the time of the offense shall, upon conviction
thereof, be punished for a misdemeanor of a high and aggravated nature.
(h) Nothing in this Code section shall be construed to permit the
prosecution of:
(1) Any person for conduct relating to an abortion for which the
consent of the pregnant woman, or person authorized by law to act on
her behalf, has been obtained or for which such consent is implied by
law;
(2) Any person for any medical treatment of the pregnant woman or her
unborn child; or
(3) Any woman with respect to her unborn child.
For the purposes of this subsection, the term "unborn child" means a
member of the species homo sapiens at any stage of development who is
carried in the womb.
16-5-21. (a) A person commits the offense of aggravated assault when he or
she....
(a) A person commits the offense of aggravated assault when he or she
assaults:
(1) With intent to murder, to rape, or to rob;
(2) With a deadly weapon or with any object, device, or instrument
which, when used offensively against a person, is likely to or actually
does result in serious bodily injury; or
(3) A person or persons without legal justification by discharging a
firearm from within a motor vehicle toward a person or persons.
(b) Except as provided in subsections (c) through (k) of this Code
section, a person convicted of the offense of aggravated assault shall be
punished by imprisonment for not less than one nor more than 20 years.
(c) A person who knowingly commits the offense of aggravated assault
upon a peace officer while the peace officer is engaged in, or on
account of the performance of, his or her official duties shall, upon
conviction thereof, be punished by imprisonment for not less than five
nor more than 20 years.
(d) Any person who commits the offense of aggravated assault against a
person who is 65 years of age or older shall, upon conviction thereof,
be punished by imprisonment for not less than three nor more than
20 years.
(e)(1) As used in this subsection, the term "correctional officer"
shall include superintendents, wardens, deputy wardens, guards, and
correctional officers of state, county, and municipal penal institutions
who are certified by the Georgia Peace Officer Standards and Training
Council pursuant to Chapter 8 of Title 35 and employees of the Department
of Juvenile Justice who are known to be employees of the department or
who have given reasonable identification of their employment. The term
"correctional officer" shall also include county jail officers who are
certified or registered by the Georgia Peace Officer Standards and
Training Council pursuant to Chapter 8 of Title 35.
(2) A person who knowingly commits the offense of aggravated assault
upon a correctional officer while the correctional officer is engaged
in, or on account of the performance of, his or her official duties
shall, upon conviction thereof, be punished by imprisonment for not
less than five nor more than 20 years.
(f) Any person who commits the offense of aggravated assault in a
public transit vehicle or station shall, upon conviction thereof, be
punished by imprisonment for not less than three nor more than 20
years. For purposes of this Code section, "public transit vehicle" has
the same meaning as in subsection (c) of Code Section 16-5-20.
(g) Any person who commits the offense of aggravated assault upon a
person in the course of violating Code Section 16-8-2 where the property
that was the subject of the theft was a vehicle engaged in commercial
transportation of cargo or any appurtenance thereto, including without
limitation any such trailer, semitrailer, container, or other associated
equipment, or the cargo being transported therein or thereon, shall upon
conviction be punished by imprisonment for not less than five years nor
more than 20 years, a fine not less than $50,000.00 nor more than
$200,000.00, or both such fine and imprisonment. For purposes of this
subsection, the term "vehicle" includes without limitation any railcar.
(h) A person convicted of an offense described in paragraph (3) of
subsection (a) of this Code section shall be punished by imprisonment
for not less than five nor more than 20 years.
(i) Any person who commits the offense of aggravated assault involving
the use of a firearm upon a student or teacher or other school personnel
within a school safety zone as defined in paragraph (1) of subsection (a)
of Code Section 16-11-127.1 shall, upon conviction thereof, be punished
by imprisonment for not less than five nor more than 20 years.
(j) If the offense of aggravated assault is committed between past or
present spouses, persons who are parents of the same child, parents
and children, stepparents and stepchildren, foster parents and foster
children, or other persons excluding siblings living or formerly
living in the same household, the defendant shall be punished by
imprisonment for not less than three nor more than 20 years.
(k) Any person who commits the offense of aggravated assault with
intent to rape against a child under the age of 14 years shall be
punished by imprisonment for not less than 25 nor more than 50 years. Any
person convicted under this subsection shall, in addition, be subject to
the sentencing and punishment provisions of Code Section 17-10-6.2.
16-5-23. (a) A person commits the offense of simple battery when he or
she....
(a) A person commits the offense of simple battery when he or she
either:
(1) Intentionally makes physical contact of an insulting or provoking
nature with the person of another; or
(2) Intentionally causes physical harm to another.
(b) Except as otherwise provided in subsections (c) through (i) of
this Code section, a person convicted of the offense of simple battery
shall be punished as for a misdemeanor.
(c) Any person who commits the offense of simple battery against a
person who is 65 years of age or older or against a female who is
pregnant at the time of the offense shall, upon conviction thereof, be
punished for a misdemeanor of a high and aggravated nature.
(d) Any person who commits the offense of simple battery in a public
transit vehicle or station shall, upon conviction thereof, be punished
for a misdemeanor of a high and aggravated nature. For purposes of
this Code section, "public transit vehicle" has the same meaning as in
subsection (c) of Code Section 16-5-20.
(e) Any person who commits the offense of simple battery against a
police officer, law enforcement dog, correction officer, or detention
officer engaged in carrying out official duties shall, upon conviction
thereof, be punished for a misdemeanor of a high and aggravated nature.
(f) If the offense of simple battery is committed between past or
present spouses, persons who are parents of the same child, parents
and children, stepparents and stepchildren, foster parents and foster
children, or other persons excluding siblings living or formerly
living in the same household, the defendant shall be punished for a
misdemeanor of a high and aggravated nature. In no event shall this
subsection be applicable to corporal punishment administered by a
parent or guardian to a child or administered by a person acting in
loco parentis.
(g) A person who is an employee, agent, or volunteer at any facility
licensed or required to be licensed under Code Section 31-7-3, relating
to long-term care facilities, or Code Section 31-7-12, relating to
personal care homes, or who is required to be licensed pursuant to Code
Section 31-7-151 or 31-7-173, relating to home health care and hospices,
who commits the offense of simple battery against a person who is
admitted to or receiving services from such facility, person, or entity
shall be punished for a misdemeanor of a high and aggravated nature.
(h) Any person who commits the offense of simple battery against a
sports official while such sports official is officiating an amateur
contest or while such sports official is on or exiting the property where
he or she will officiate or has completed officiating an amateur contest
shall, upon conviction thereof, be punished for a misdemeanor of a high
and aggravated nature. For the purposes of this Code section, the term
"sports official" means any person who officiates, umpires, or referees
an amateur contest at the collegiate, elementary or secondary school, or
recreational level.
(i) Any person who commits the offense of simple battery against an
employee of a public school system of this state while such employee is
engaged in official duties or on school property shall, upon conviction
of such offense, be punished for a misdemeanor of a high and aggravated
nature. For purposes of this Code section, "school property" shall
include public school buses and stops for public school buses as
designated by local school boards of education.
16-5-24. (a) A person commits the offense of aggravated battery when he or
she....
(a) A person commits the offense of aggravated battery when he or she
maliciously causes bodily harm to another by depriving him or her of a
member of his or her body, by rendering a member of his or her body
useless, or by seriously disfiguring his or her body or a member
thereof.
(b) Except as provided in subsections (c) through (h) of this Code
section, a person convicted of the offense of aggravated battery shall be
punished by imprisonment for not less than one nor more than 20 years.
(c) A person who knowingly commits the offense of aggravated battery
upon a peace officer while the officer is engaged in, or on account of
the performance of, his or her official duties shall, upon conviction
thereof, be punished by imprisonment for not less than ten nor more
than 20 years.
(d) Any person who commits the offense of aggravated battery against a
person who is 65 years of age or older shall, upon conviction thereof,
be punished by imprisonment for not less than five nor more than 20
years.
(e)(1) As used in this subsection, the term "correctional officer"
shall include superintendents, wardens, deputy wardens, guards, and
correctional officers of state, county, and municipal penal institutions
who are certified by the Georgia Peace Officer Standards and Training
Council pursuant to Chapter 8 of Title 35 and employees of the Department
of Juvenile Justice who are known to be employees of the department or
who have given reasonable identification of their employment. The term
"correctional officer" shall also include county jail officers who are
certified or registered by the Georgia Peace Officer Standards and
Training Council pursuant to Chapter 8 of Title 35.
(2) A person who knowingly commits the offense of aggravated battery
upon a correctional officer while the correctional officer is engaged
in, or on account of the performance of, his or her official duties
shall, upon conviction thereof, be punished by imprisonment for not
less than ten nor more than 20 years.
(f) Any person who commits the offense of aggravated battery in a
public transit vehicle or station shall, upon conviction thereof, be
punished by imprisonment for not less than five nor more than 20 years.
For purposes of this Code section, "public transit vehicle" has the same
meaning as in subsection (c) of Code Section 16-5-20.
(g) Any person who commits the offense of aggravated battery upon a
student or teacher or other school personnel within a school safety zone
as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1
shall, upon conviction thereof, be punished by imprisonment for not less
than five nor more than 20 years.
(h) If the offense of aggravated battery is committed between past or
present spouses, persons who are parents of the same child, parents
and children, stepparents and stepchildren, foster parents and foster
children, or other persons excluding siblings living or formerly
living in the same household, the defendant shall be punished by
imprisonment for not less than three nor more than 20 years.
