Domestic violence is a serious offense in Florida. Domestic violence is distinguished from other types of offense because it involves violence between people who share a particular family or household relationship. Domestic violence can only be charged in Florida if the alleged victim is a spouse or former spouse, live-in partner, parent of a shared child, family member, or in-law or step-relative of the defendant.
Several legally valid defenses can protect a charged defendant from conviction. One important defense in criminal law is the statute of limitations, which sets a time limit for prosecuting offenses.
Stechschulte Nell encourages every member of the community to learn about criminal law and how it may affect them and their family. In this article, we explain the statute of limitations for domestic violence in Florida, including what it entails, the specific timeframes involved, and exceptions to these limitations.
What is the Statute of Limitations?
The statute of limitations is a law that sets a time limit within which a legal action can be initiated. In a criminal case, it determines the maximum amount of time that can elapse between the commission of a crime and the date on which the prosecution can file charges against the criminal suspect.
The purpose of the statute of limitations is to ensure that criminal cases are resolved fairly while preserving the integrity of evidence and testimony. Many types of crucial evidence deteriorate over time. Witnesses’ memories fade, documents are lost, physical crime scenes are disturbed or destroyed, and investigations are less able to reliably determine the facts.
These evidentiary losses diminish the quality of justice that may be obtained in a long-delayed criminal trial. This is one of the bases for the saying, “Justice delayed is justice denied.”
A defendant charged with committing an assault many years after the event is unlikely to be able to find witnesses essential to their defense.
The law also favors a final resolution of matters without the parties involved living under an eternal threat of prosecution.
Statute of Limitations for Domestic Violence in Florida
In Florida, the statute of limitations for domestic violence varies depending on the severity of the offense and the circumstances surrounding it. Domestic violence encompasses a range of criminal acts, including assault, battery, stalking, and more. The statute of limitations applies in the following cases:
Misdemeanor Domestic Violence Offenses
Misdemeanor domestic violence offenses, such as simple assault or battery, are subject to a two-year statute of limitations in Florida. This means that prosecutors have up to two years from the date of the alleged offense to file charges against the accused.
Felony Domestic Violence Offenses
Felony domestic violence offenses involving more serious acts of violence or repeated offenses, have a longer statute of limitations. The specific timeframe depends on the severity of the felony:
- Third-Degree Felony: For third-degree felony domestic violence offenses, such as aggravated assault or aggravated battery, the statute of limitations is three years.
- Second-Degree Felony: Certain domestic violence offenses, like aggravated stalking, are classified as second-degree felonies. These have a statute of limitations of three years.
- First-Degree Felony: For the most severe domestic violence offenses, classified as first-degree felonies, such as domestic violence with a deadly weapon or causing severe bodily harm, there is no statute of limitations in Florida. Prosecutors can file charges at any time, even years after the alleged offense occurred.
More on the Topic > Falsely Accused of DV?
Exceptions and Special Circumstances
Florida law recognizes that domestic violence cases may be complex, and exceptions to the statute of limitations exist in these specific situations:
- Victim Under 18: If the victim of domestic violence was under the age of 18 at the time of the offense, the statute of limitations may be extended until the victim reaches the age of 18. This allows young victims more time to come forward and report the abuse.
- Newly Discovered Evidence: In cases where new and significant evidence emerges that was not available during the initial investigation, prosecutors may be able to file charges outside the regular statute of limitations. This is quite rare and subject to judicial approval.
- Fleeing or Hiding: If the accused has been deliberately avoiding arrest or prosecution by fleeing the jurisdiction or hiding, the statute of limitations may be tolled (paused) until they are located or they return to the jurisdiction.
- DNA Evidence: In cases involving DNA evidence, Florida law allows for an extension of the statute of limitations in certain domestic violence cases if DNA testing can identify the perpetrator. In such a case, the statute of limitations is extended for 1 year beyond the date the DNA identification was determined or should have been determined.
Waiver of the Statute of Limitations
The statute of limitations is an absolute bar for most criminal prosecutions if they are not commenced within the timeframe prescribed by law. However, the statute of limitations is an “affirmative defense.”
An affirmative defense is one that must be affirmatively pleaded by the defense before the trial is completed. If a prosecution is barred by the statute of limitations and the defense does not raise it before the trial court, it might be waived on appeal and thereafter. Florida courts have permitted defendants to raise the statute of limitations late, during appeal or post-conviction proceedings, but not in all cases.
You should consult with the most experienced and knowledgeable domestic violence defense lawyer to ensure you do not forfeit any rights and to have confidence that you are receiving the best criminal defense possible. If you have questions or you need help with a domestic violence charge, contact our office in Tampa today.
