N.J.S.A. 2C:1-6 outlines the statute of limitations that applies in criminal cases. The purpose of establishing these limitation periods is to protect the accused from charges that are brought without reasonable diligence by the prosecutor.
Typically, the limitation period begins on the date the crime is alleged to have occurred. In terms of the statute of limitation for aggravated assault, the Monmouth County Prosecutor’s Office or local police must file a criminal complaint or indictment alleging a violation of N.J.S.A. 2C:12-1(b) within five (5) years of the alleged assault.
If the state fails to file a charge within the five (5) year limitation period, the aggravated assault offense is time-barred and cannot be considered. Please note, however, that this rule does not apply to any person who fled in an effort to avoid prosecution.
