Lawyers.com > Discuss Your Legal Issue > Ask a Lawyer > Criminal Law > My question: Why does website say the statute of limitations for Assault and battery is 2 years, but magistrate says 1yr Va. Code § 8.01-243(A)

My question: Why does website say the statute of limitations for Assault and battery is 2 years, but magistrate says 1yr Va. Code § 8.01-243(A)

1 Answers. Asked on Jun 13th, 2016 on Criminal Law - Virginia
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Answered on Jun 15th, 2016 at 6:10 AM

It depends on how you want to proceed with the case. If you want to proceed criminally, which I assume you do since you went to the magistrate, the statute of limitations is one year pursuant to VA Code section 19.2-8 since assault and battery in violation of VA code section 18.2-57 is a misdemeanor. The code you cited is for a civil claim.

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