July 29, 2016

Asked 7/23/2016 – Brownsville, TX

I was hit by my stepfather about a year ago when I was 16. I ended up getting a concussion from his hits and a couple of bruises. I did hit him back because he hit me. I ended up calling the cops on him but I was the one who got arrested for assault. The only injury he received was scratches. I was just wondering if I can still press charges on him even though it’s been a year since the incident.

Answer

The statute of limitations for misdemeanor assault in Texas is 2 years from the date of offense. It is up to law enforcement, however, to determine if criminal charges are filed against a person or not. You would have to file an incident report, but from what you describe one has already been filed and the investigating officers filed the criminal charges against you and not your stepfather. If the matter has already been investigated, I doubt the police will revisit the issue.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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