In Florida, you can press charges for an assault within one year of the incident if it’s a simple assault and within three years if it’s an aggravated assault. Those deadlines come from the state’s criminal statute of limitations, and they’re measured from the date the assault happened to the date the prosecutor files formal charges.1FindLaw. Florida Code 775.15 – Time Limitations; General Time Limitations; Exceptions Miss the window and the case can be dismissed no matter how strong the evidence.
The Two Deadlines
Which deadline applies depends on how the assault is classified under Florida law.
A simple assault is a threat of violence without a weapon, charged as a second-degree misdemeanor.2Florida Senate. Florida Statutes 784.011 – Assault Prosecutors have one year from the date of the offense to file charges.1FindLaw. Florida Code 775.15 – Time Limitations; General Time Limitations; Exceptions
An aggravated assault involves a deadly weapon or occurs during the commission of another felony, and it’s charged as a third-degree felony.3Justia Law. Florida Statutes 784.021 – Aggravated Assault The window is three years from the date of the offense.1FindLaw. Florida Code 775.15 – Time Limitations; General Time Limitations; Exceptions “Deadly weapon” is read broadly: a bat, a bottle, or a vehicle used aggressively can qualify, not just firearms and knives.
One point of confusion worth clearing up early: an assault in Florida is a threat, not actual contact. If someone struck you, that’s battery, and battery has its own classification and timing rules.4Florida Senate. Florida Statutes 784.03 – Battery; Felony Battery
What the Deadline Actually Measures
The statute of limitations runs to the moment prosecutors file charging documents, not the moment you walk into a police station. Reporting late in the window doesn’t extend it. If you report a simple assault at eleven months, the prosecutor has roughly four weeks to investigate, evaluate the evidence, and file. If they can’t finish in time, the case is time-barred.
This is also why victims don’t technically “press charges” in Florida. You report the incident and cooperate with the investigation; the State Attorney’s Office decides whether to prosecute.5Office of The State Attorney, Fifth Judicial Circuit, Florida. Overview of the Criminal Process A prosecutor can file charges even if a victim later becomes reluctant, and can decline to file even when a victim pushes hard for prosecution.6My Florida Legal. Statewide Prosecutor – Guide for Victims The practical takeaway: report as early as possible, give detailed and consistent statements, and preserve evidence like text messages, photos, and video. The more the prosecutor has to work with, and the more time they have to work with it, the likelier charges get filed within the window.
When the Clock Pauses
Florida pauses the countdown when the suspect is outside the state or has no identifiable home or workplace in Florida. Time spent out of state doesn’t count toward the limit.1FindLaw. Florida Code 775.15 – Time Limitations; General Time Limitations; Exceptions Once the person returns or becomes locatable, the clock resumes where it stopped.
So someone who commits an aggravated assault and leaves the state can’t simply wait three years in another state and come back assuming the case is dead. The three years is three years of accessible presence in Florida, not three years on the calendar.
Assaults on Protected Victims Have Different Deadlines
If the person assaulted was a law enforcement officer, firefighter, emergency medical provider, or other specified public servant acting in the line of duty, the charge is reclassified. A simple assault moves from a second-degree misdemeanor up to a first-degree misdemeanor, and an aggravated assault moves from a third-degree felony up to a second-degree felony, which carries a mandatory minimum of three years in prison.7Florida Senate. Florida Statutes 784.07 – Assault, Aggravated Assault, and Battery on Specified Persons Because the filing deadline tracks the offense classification, these reclassifications also change how long prosecutors have to file.
If the Criminal Window Has Closed
A civil lawsuit runs on a separate clock. Florida allows four years from the date of the assault to file a civil suit for an intentional tort like assault or battery.8Online Sunshine. Florida Statutes 95.11 – Limitations Other Than for the Recovery of Real Property That’s longer than the criminal window for simple assault and longer than the criminal window for aggravated assault.
Civil court is a different track with a different purpose. You’re seeking money damages, not criminal punishment, and the standard of proof is lower: more likely than not, instead of beyond a reasonable doubt. A successful case can recover medical expenses, lost income, and pain and suffering. If the criminal deadline has passed but the four-year civil window is still open, this route remains available.
Protective Injunctions
Protective orders are independent of criminal charges and can be pursued regardless of whether charges get filed or when.
If the person who assaulted you is a family or household member, you can petition for an injunction for protection against domestic violence. There’s no filing fee, no attorney required, and a court can issue a temporary order the same day if there’s immediate danger. The temporary order lasts up to 15 days, and a full hearing then determines whether a longer-term order is appropriate.9Florida Senate. Florida Statutes 741.30 – Domestic Violence; Injunction; Powers and Duties of Court and Clerk For assaults by someone who isn’t a family or household member, Florida offers separate injunctions against repeat violence or dating violence. Violating any of these orders is itself a criminal offense.