Statute of Limitations for Assault and Battery Charges and Civil Lawsuits in Michigan
In Michigan, the civil statute of limitations for assault and battery is generally 2 years, but extends to 5 years for domestic or dating partners, and up to 10 years for sexual assault. For criminal charges, prosecutors generally have 6 years for misdemeanors and non-murder felonies.
When an altercation occurs, the clock starts ticking immediately. The legal system sets strict deadlines, known as the "statute of limitations," for when legal action can be taken. If you wait too long, you lose your right to sue or file criminal charges forever. In Michigan, the timelines for civil lawsuits and criminal prosecutions are very different. You can use our USA Lawyer Directory to find an attorney to help you file before time runs out, but understanding these deadlines yourself is critical.
The 2-Year Civil Statute of Limitations (Mich. Comp. Laws § 600.5805)
If you are injured in an assault and want to sue the attacker for money (to cover medical bills, lost wages, and pain and suffering), you are pursuing a civil lawsuit. According to Mich. Comp. Laws § 600.5805(3), the general rule provides two years from the date of the assault and battery to file your civil complaint. However, Michigan law establishes critical exceptions: under Mich. Comp. Laws § 600.5805(4) and Mich. Comp. Laws § 600.5805(5), the deadline extends to 5 years if the assault was committed by a spouse, former spouse, co-parent, cohabitant, or dating partner. Furthermore, civil claims arising from criminal sexual conduct carry a 10-year limitations period under Mich. Comp. Laws § 600.5805(6). To initiate a claim, your attorney will draft a lawsuit and typically submit a Form MC 01, Michigan, State Court Administrative Office, Summons to the local court, such as the Oakland County Circuit Court, Pontiac.
Criminal Deadlines for Misdemeanors vs. 10-Year Felonies
Criminal charges are handled by the county prosecutor, not the victim. The prosecutor's deadlines are much longer than civil deadlines. These time limits are defined in Mich. Comp. Laws § 767.24.
Standard Criminal Timeline
Unlike many states where misdemeanors have a 1-year limit, Michigan generally grants prosecutors 6 years to file charges for both standard misdemeanors (like simple assault) and many felonies. This means an attacker can be arrested and charged years after a bar fight or domestic dispute occurred.
10-Year and No-Limit Felonies
If the assault involves severe circumstances-such as kidnapping, criminal sexual conduct, or attempted murder-the statute of limitations can be extended to 10 years, or in some cases (like murder), there is no statute of limitations at all.
Tolling the Statute for Minors or Insanity
Sometimes, the "clock" is paused. In the legal world, this is called "tolling." Under Mich. Comp. Laws § 600.5851, if the victim of an assault was a minor (under 18) or legally insane at the time the attack occurred, the 2-year civil deadline does not start immediately. The landmark decision in Lemmerman v. Fealk, 449 Mich. 56 (MI Supreme Court 1995) helped clarify how these tolling periods operate. Generally, a minor has one year after their 18th birthday to file a civil lawsuit, regardless of how long ago the actual assault happened.
What Happens if You Leave the State?
You cannot simply move away to run out the clock. If the person who committed the assault leaves Michigan and lives out of state, the statute of limitations is paused during their absence. For civil claims, this out-of-state tolling is codified under Mich. Comp. Laws § 600.5853. For criminal prosecutions, Mich. Comp. Laws § 767.24(11) tolls the statutory clock whenever the defendant does not usually and publicly reside within Michigan. For example, if a person commits an assault in Grand Rapids and immediately moves to Ohio for three years before returning, the prosecutor in the Kent County Circuit Court, Grand Rapids can still file charges, because the three years out of state do not count toward the 6-year deadline.
Frequently Asked Questions (FAQ)
Can a criminal charge be filed if the civil deadline has passed?
Yes. The civil and criminal justice systems operate on completely separate deadlines. Even if two years have passed and you can no longer sue for money, the local prosecutor still has up to six years to file criminal charges for the assault.
What if I didn't realize I was injured until later?
In most assault and battery cases, the "discovery rule" (which extends deadlines if an injury is hidden) does not apply because the act of the assault is immediately known. The two-year clock almost always starts on the day the physical contact happened.
Does filing a police report stop the civil clock?
No. Filing a police report only alerts law enforcement. To stop the 2-year civil statute of limitations clock, you must actually file a formal civil lawsuit in the proper court.
How long do I have to sue a business for a bouncer's assault?
If you are suing a bar or security company because their bouncer assaulted you, the standard 2-year statute of limitations for assault and battery generally applies to those civil claims as well.
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