Bronx, NY asked in Criminal Law, Civil Litigation, Social Security and Wrongful Death for New York

Q: Can I sue my brother in law for assaulting me( about 12 years ago plus).

He tried to kill me fractured my Tibia Fibia. He was going for my head he damage my left elbow (as I cover up). He came in defense of his sister my wife. And began battering me with his bat. However, I was charge with domestic violence after I woke up from a coma. When I woke up I was told I was charge with domestic violence and kept chained to my bed with handcuff without seeing a judge and the cops never charge my brother in law. What can I do? I want the police to charge him. Also if i can not take him through the criminal system can I sue in civil court? He had left that states but he is back again I hope I can do something. Please advice/thank you

1 Lawyer Answer
Peter Wade Kolp
Peter Wade Kolp
Answered
  • Criminal Law Lawyer
  • BROOKLYN, NY
  • Licensed in New York

A: Short answer is no.

Like many states, New York’s law sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, a general statute of limitations applies based on the category of the crime. The general time limits are:

five years for felony offenses

two years for misdemeanors, and

one year for petty offenses.

Below are examples of time limits for specific crimes in New York. Keep in mind that the following is a partial list that broadly summarizes the law. You should look at the actual law for nuances, exceptions, and legislative changes—and know that court rulings can affect the interpretation of the law. (N.Y. Crim. Proc. Law 30.10 (2019).)

Crimes like murder and rape have much longer statute of limitations

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