Jackson, TN asked in Personal Injury, Criminal Law and Civil Rights for Mississippi

Q: Statute of limitations for aggravated assault by an authority figure

In 2016 I was in Corinth Mississippi walking to the store at approximately 7 in the morning. As I was walking a police car with his lights on pulled up in the turning lane and instructed me to come out to his vehicle. When I approached the car the officer got out of the car and asked me for my ID I asked him what was going on and what I did wrong. He stated that I fit the description of one of two guys that had just stolen two cars. I told him that I had been at my friends house all night and did not know what he was talking about. He then stated that his next in command told him to take me in even though he knew that it was not me. I then told the officer that I was on probation and that I didn’t need to be arrested for something he knows I didn’t do. He pushed me against the car and I resisted and punched the officer and ran. 7 or 8 officers showed up and tased me where I was hiding. They beat my head against a rock and split my head open. I had to have 30 stitches in my skull.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Hi! Happy Sunday. Based on the facts provided, it seems the incident in question occurred in 2016 in Corinth, Mississippi.

The statute of limitations for aggravated assault in Mississippi is 2 years (Miss. Code Ann. § 99-1-5). However, the statute of limitations may be longer or not apply at all if the assault was committed by a police officer or other authority figure.

Some key considerations regarding the statute of limitations in this case:

- Since the incident occurred in 2016, the original 2-year statute of limitations has likely expired already. However, there may be arguments for an extended or no statute of limitations given the alleged actions of the police officers.

- Crimes committed by a police officer or person acting under the color of law could potentially be civil rights violations. Civil rights claims under federal law generally have a 4-year statute of limitations (28 U.S.C. § 1658).

- If the officers' actions are considered torture, abuse, or excessive force, there may be no statute of limitations at all under federal law (18 U.S.C. § 2340B).

- The facts may support criminal charges against the officers with no statute of limitations, such as assault with a deadly weapon by an authority figure.

In summary - while the original 2-year statute of limitations has likely run for basic assault charges, there may be avenues to pursue civil rights claims or criminal charges against the officers involved due to their status as authority figures and the excessive force alleged. Consultation with attorneys experienced in civil rights and law enforcement misconduct claims is highly advisable.

Arthur Calderon agrees with this answer

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