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?


Asked on 12/30/05, 3:16 pm

2 Answers from Attorneys

Billy Tomlinson Tomlinson & Associates, LLC

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

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Answered on 12/30/05, 3:31 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

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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Answered on 12/30/05, 4:20 pm


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