Summary
In Tennessee, the statute of limitations for misdemeanors like simple assault is generally one year, but it can be paused if the accused is out of state. This means the time spent outside Tennessee may not count toward the statute of limitations. If no charges or warrants have been issued, the likelihood of prosecution upon reentry depends on whether charges were filed and the authorities interest in pursuing the case. Its advisable to consult a lawyer to explore your options and potentially resolve the matter, as avoiding the state indefinitely is not a sustainable solution.Full Conversation
Last year, I instigated a fight in TN. And then I left the state the next day and did not return. It has been one year since the incident and I'm wondering if the statute of limitation has run out or if it is tolled. And if it is tolled, what is the likelihood of prosecution being commenced.
Case Rating: *
In Tennessee, the statute of limitations for most misdemeanors, including simple assault, is typically one year. However, the statute can be tolled (paused) if the accused is not present within the state. This means the time you were out of state may not count toward the statute of limitations.
Have there been any charges filed against you or any warrants issued?
The person tried to but the police refused to extradite me since it was a misdemeanor
It sounds like you may still be within the statute of limitations period since it can be tolled while you're out of state.
- Tennessee's statute of limitations for misdemeanors is typically one year.
- The period may be paused if the accused is out of state.
Have you considered speaking to a lawyer to explore your options?
What are the chances that prosecution would start if I re entered the state now
The likelihood of prosecution if you reenter Tennessee depends on several factors, including whether charges were officially filed and the local authorities' interest in pursuing the case. Since the statute of limitations can be tolled while you're out of state, there's a strong chance the prosecution could still be initiated.
Have you received any official communication or notices regarding this case?
No
The likelihood of prosecution can still be significant due to the tolling of the statute of limitations while you were out of state.
- Misdemeanor statute of limitations in Tennessee is typically one year.
- Statute can be paused if the accused is out of state.
Given that no official communication or notices have been received, it would be advisable to consult with a lawyer to discuss your situation and potential options.
Have you considered hiring an attorney to get more detailed advice specific to your case?
No. Do you think I should just stay out of the state for the rest of my life
It's crucial to seek legal advice to understand your specific situation better. Avoiding the state indefinitely isn't a sustainable long-term solution. Consulting with a lawyer can help you explore your options and potentially resolve the matter.
Have you thought about consulting with a lawyer specializing in criminal defense?
TRY ME!
Start a new chat