In Michigan, you generally have six years from the date of the incident to press assault charges, with a longer ten-year window for assault with intent to murder. The clock runs from the date of the offense, not the date you report it, and certain circumstances can pause it. If you also want to sue the attacker for money, that civil deadline is much shorter: two years in most cases.
You Don’t Actually Press Charges. The Prosecutor Does.
The phrase is misleading. A victim starts the process by filing a police report, which triggers an investigation. Officers interview witnesses, gather evidence, and send their findings to the county prosecutor’s office. The prosecutor alone decides whether to file formal criminal charges.1Michigan Legislature. Michigan Code MCL 767.3 – The Code of Criminal Procedure (Excerpt)
Your cooperation matters, and prosecutors often consult with victims before deciding. But the final call belongs to the state. A prosecutor can move forward even if you want to drop it, and can decline even if you insist. This matters for timing because the statute of limitations runs whether or not you have reported the crime. Waiting years to walk into a police station doesn’t restart anything.
The Six-Year Deadline for Most Assault Charges
Michigan’s statute of limitations for most assault offenses is six years from the date of the offense.2Michigan Legislature. Michigan Code MCL 767.24 – Indictment, Crimes, Extension or Tolling That window covers:
- Simple assault and assault and battery
- Aggravated assault
- First-offense domestic assault
- Felonious assault (assault with a dangerous weapon)
- Assault with intent to do great bodily harm less than murder
Six years is Michigan’s catch-all limitation period. The statute lists specific timeframes for certain serious crimes, and everything not specifically listed falls under this general rule. No ordinary assault offense gets its own special timeframe, so misdemeanor and most felony assaults all land here. Whether the case is a bar-fight shove or a stabbing that caused serious injury, the prosecutor has the same six years to file.
The Ten-Year Window for Assault With Intent to Murder
Assault with intent to murder is the exception. The statute specifically places it in a ten-year category alongside kidnapping, extortion, attempted murder, manslaughter, and armed robbery.2Michigan Legislature. Michigan Code MCL 767.24 – Indictment, Crimes, Extension or Tolling The charge can carry a life sentence, and the longer limitation period reflects the severity.
One boundary worth knowing: murder itself, conspiracy to commit murder, and first-degree criminal sexual conduct have no statute of limitations at all. Those cases can be prosecuted at any point, no matter how many years have passed. For every other assault-related offense in Michigan, there is a clock.
When the Clock Pauses
Even after the deadline appears to have passed, prosecutors may still have time left if one of these situations applies.
The Suspect Left Michigan
Any time the suspect spent outside the state does not count toward the limitation period.2Michigan Legislature. Michigan Code MCL 767.24 – Indictment, Crimes, Extension or Tolling If someone committed a six-year assault and then lived out of state for three years, the prosecutor still has the full six years of in-state time to file. The suspect doesn’t need to have fled with any intent to dodge prosecution. The tolling applies to any period when the person did not publicly reside in Michigan.
DNA Evidence Without a Named Suspect
When law enforcement has DNA evidence but hasn’t identified the person it belongs to, there is no deadline to file an indictment. Once the suspect is identified, prosecutors generally have ten years from that point, or until the alleged victim turns 21, whichever is later. The provision applies most often in sexual assault cases but reaches other felonies where DNA is a factor.
Offenses From Before the 2024 Amendment
Michigan amended its statute of limitations law in 2024. The changes apply only to offenses committed on or after the amendment’s effective date and do not apply retroactively.3Michigan Legislature. Michigan 2024 Public Act 268 If the assault happened before that date, the limits that existed at the time of the offense still govern the case.
Suing the Attacker Is a Separate Deadline, and It’s Shorter
Criminal charges aren’t your only option. You can also file a civil lawsuit to recover money for medical bills, lost wages, pain and suffering, and other damages. The two tracks are independent. A civil case and a criminal case can proceed at the same time, and one doesn’t block the other. The criminal case is brought by the state and can result in jail. The civil case is brought by you and can result in financial compensation. The burden of proof is lower in civil court, so even if a prosecutor declines to charge or the defendant is acquitted, you may still win a civil case based on the same incident.
The deadline is where people get caught off guard. For most assault and battery claims, Michigan gives you just two years from the date of the incident to file a civil lawsuit.4Michigan Legislature. Michigan Code MCL 600.5805 – Statute of Limitations for Injuries to Persons or Property Miss it and you lose the right to sue, no matter how strong the case.
Domestic violence is treated differently. If the assault was committed by a spouse, former spouse, dating partner, co-parent, or someone you live or lived with, the civil filing deadline extends to five years.4Michigan Legislature. Michigan Code MCL 600.5805 – Statute of Limitations for Injuries to Persons or Property The legislature recognized that domestic violence victims often can’t safely take legal action while still in a dangerous living situation, and the longer window reflects that.
If you’re weighing whether to report, the practical takeaway is simple. The criminal clock gives you years, but the civil clock can run out while the criminal case is still being investigated. Talking to a lawyer early protects both options.