When a defendant is accused of violating the law, a prosecutor must commence the case against the defendant within a specified period of time. This period of time is referred to as the statute of limitations. If a prosecutor fails to move forward with prosecution by this deadline, no criminal proceedings can occur against the defendant for the crime committed long ago.
Sexual assault is a felony in Nevada, and a defendant thus faces prosecution within the time deadline established for felony offenses. However, there are several different factors that can affect how long the prosecutor has to make a case- and in some situations, there is actually no deadline at all and you can be tried at any time.
At LV Criminal Defense, we have carefully studied all Nevada criminal procedure rules so we can fully understand the technicalities applicable to criminal prosecutions. We work hard to defend your case from every direction, whether that involves raising affirmative defenses, introducing doubt, or trying to get cases dropped due to the deadline passing. We care deeply about every client and when you are accused of sexual assault, we’ll do everything we can to help you fight the charges. To learn more about how we can help, and to find out how the statute of limitations affects your sexual assault case, give us a call now.
Nevada Revised Statute Section 171.085 establishes the statute of limitations for most felony offenses, including sexual assault. Under N.R.S. 171.085(1), a case based on allegations of sexual assault must be commenced within four years from the time the alleged offense has been committed. This means that, as a general matter, you cannot be put on trial for a sexual assault that happened more than four years ago. However, there are some exceptions to this rule.
N.R.S. 171.095 indicates that when a child is sexually abused, the statute of limitations is extended and a case may be brought any time until the victim reaches 21, if the victim discovers he had been subject to sexual abuse. If the victim does not discover the victimization until after age 21, a case may be brought until the victim is 28 years old.
N.R.S. 171.083 also indicates that if a victim of sexual assault files a police report of the assault within the period of time set forth for making a case, there is no statute of limitations applicable to the assault. In other words, if a victim reports the crime within four years from when it happened or if the victim of child sexual abuse reports the crime before turning 21 or 28, there is no time limit in which a prosecutor must move forward with a case. You could be put on trial at any time.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
The special rules for sexual assault deadlines mean a defendant can face charges for an offense allegedly committed long ago. This can make it harder to defend yourself, as your memory of events may have faded and evidence may have been lost. LV Criminal Defense has extensive experience helping clients to raise effective defense, even when their alleged crimes were long in the past- so let us help you to try to fight for your future when accused of assault.
Being charged with sexual assault can have a profound impact on your relationships, your future career opportunities, and even your freedom. Defending yourself aggressively is key to moving forward and putting these serious charges behind you.
Nicholas Wooldridge and his attorneys have extensive experience representing clients accused of rape, sexual assault, and similar crimes. We’ll help you to argue for dismissal based on the deadline for commencing prosecution, or assist in raising other defenses or negotiating a plea agreement.
Give us a call now to learn more about how our Las Vegas criminal defense team can help you.