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Statute of limitations in California

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norcal530

Junior Member
I'm need to this website. So sorry if my question has already been asked. But here some details about my situation and what I have to ask. My gf stabbed me in the leg about 1 1/2 yrs ago.it was with a steak knife all the way down to the bone and I had to go to the er and get 3-4 stitches. I didn't report it Cuz she promised to change and not be violent anymore. I had one different situation documented about her biting my hands and takin chunks of skin off.there were several other situations when she hit me and I didnt report them. My question, is can I still turn her in for stabbing me after its been this long since it happened?
 


Zigner

Senior Member, Non-Attorney
I'm need to this website. So sorry if my question has already been asked. But here some details about my situation and what I have to ask. My gf stabbed me in the leg about 1 1/2 yrs ago.it was with a steak knife all the way down to the bone and I had to go to the er and get 3-4 stitches. I didn't report it Cuz she promised to change and not be violent anymore. I had one different situation documented about her biting my hands and takin chunks of skin off.there were several other situations when she hit me and I didnt report them. My question, is can I still turn her in for stabbing me after its been this long since it happened?
What did the police say/do when you went in and asked to file a report?

ETA: While we're at it, what story did you tell the folks at the ER when you went in for treatment? If you told them a lie, then don't expect anything to happen when you tell your new story.

ETA Again: And while we're STILL at it...why the hell is this person still your "girlfriend"?
 
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CdwJava

Senior Member
I'm need to this website. So sorry if my question has already been asked. But here some details about my situation and what I have to ask. My gf stabbed me in the leg about 1 1/2 yrs ago.it was with a steak knife all the way down to the bone and I had to go to the er and get 3-4 stitches. I didn't report it Cuz she promised to change and not be violent anymore. I had one different situation documented about her biting my hands and takin chunks of skin off.there were several other situations when she hit me and I didnt report them. My question, is can I still turn her in for stabbing me after its been this long since it happened?
Sooo ... when you went to the ER, what did you tell them? If THEY did not report it to the police, then that means that they pretty much bought the tale you told. While the SOL for this sort of offense is 3 years, the statement you made to the ER staff will be used against you. In court you can expect to be asked, "Mr. Norcal530, tell us, did you lie when you went to the emergency room? Or, did you lie when you called the police?" You will have a built in argument that you are a liar.

What has suddenly made you decide to report the attack? Did you get back together and just break up again? If so, then that will look like sour grapes.

So, yes, you can still report it to the police and she can still be prosecuted for it, However, it may be an uphill battle to prosecute her since you already are on record with an alternative tale.
 

norcal530

Junior Member
I told the er that I walked into a knife sticking out of a drawer in my kitchen. I lied cuz I was honestly scared of what she might do to me if told the er. She's not my gf anymore. I've decided to want to turn her in cuz I've heard she's been bein violent with her last bf since we broke up. So I wanna keep her from doin it again. She has a prior dv case and had to do anger management. So its not like this would be her first run in with the law for dv related stuff
 

Zigner

Senior Member, Non-Attorney
I told the er that I walked into a knife sticking out of a drawer in my kitchen. I lied cuz I was honestly scared of what she might do to me if told the er. She's not my gf anymore. I've decided to want to turn her in cuz I've heard she's been bein violent with her last bf since we broke up. So I wanna keep her from doin it again. She has a prior dv case and had to do anger management. So its not like this would be her first run in with the law for dv related stuff
I think you need to move on. Really. Your obsession with this woman is not healthy and you may wish to consider therapy to help you work through it.
 

tranquility

Senior Member
Walter Scott said it well, "O, what a tangled web we weave when first we practise to deceive!"

Can we discuss theory of things? What a person said under stress is not determinative of the Truth or what society should do. Yet...reality brings another truth. When things get down to one's word against another, many believe consistency is good. Those who hold the same story are more likely to be believed. Under the facts indicated by the OP, people are not going to believe what he is saying beyond a reasonable doubt. Certainly if one narrates a believable story while the other says blah, blah, blah he is bad, that could be changes. Usually after time to settle down and get off the chemicals with a lawyer's supplied nice dress or suit, many can weave a believable tale.

If the OP wanted something done, it should have been handled before all the selling of the sizzle other than the steak came in. We understand the lie of the abused where the other is sure to change. Everyone does. Everyone has some example in his life. But, the time to stand up is when things happen. Not a long time after when you realize you were wrong.

Theoretically? No reason. Realistically? Yes. When we do have cases that disagree with that, it is when the person (usually a woman) reports one thing up front and then changes the story later. We "know" what happened and know how people believe. Far more rare is the sociopath who claims no problem up front than the scared person who immediately says there is a problem and then realizes the actual consequences of such a claim.

Yes, I said sociopath. I don't claim the OP is such. But, the backwards way makes me consider such.
 

quincy

Senior Member
... I've decided to want to turn her in cuz I've heard she's been bein violent with her last bf since we broke up. So I wanna keep her from doin it again ...
If you want to have a record of the knife attack on you, a police report can be made.

Although your previous lies to the ER about your injuries, and your failure to report the knife attack to the police at the time it occurred, will work against you if you want the prosecutor to act now to pursue an action against your ex-girlfriend on your behalf, a police report filed by you about the incident could potentially lend support to any similar claims that might be made by others who become victims of abuse at the hands of your former girlfriend.
 

CdwJava

Senior Member
I told the er that I walked into a knife sticking out of a drawer in my kitchen. I lied cuz I was honestly scared of what she might do to me if told the er. She's not my gf anymore. I've decided to want to turn her in cuz I've heard she's been bein violent with her last bf since we broke up. So I wanna keep her from doin it again. She has a prior dv case and had to do anger management. So its not like this would be her first run in with the law for dv related stuff
Well, your lie to the ER staff will damage your credibility. You can certainly report it, but given the prior statement I doubt that the DA will consider prosecuting.
 

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