Statute of Limitations for Assault Claims in Oklahoma

Short answer: Under Oklahoma law, civil assault (a personal-injury/tort claim for assault or battery) is generally subject to a two-year statute of limitations. Criminal charges for assault follow different deadlines depending on whether the offense is a misdemeanor or a felony.

Detailed answer — civil vs. criminal deadlines

Civil assault claims (personal-injury lawsuits)

If you want to bring a civil lawsuit for assault or battery (to recover damages for physical injury, medical bills, pain and suffering, or related losses), Oklahoma generally requires you to file the suit within two years from the date of the assault. This time limit comes from Oklahoma’s statutes of limitation for personal-injury actions. If you miss this window, a court will usually dismiss your suit as time-barred.

Why this matters: civil cases are how injured persons seek compensation. Even if a criminal case happens (or does not), you still must meet the civil filing deadline to preserve your right to money damages.

Criminal assault charges (prosecution by the state)

Criminal cases are separate from civil claims. The state decides whether to press criminal charges. Oklahoma’s criminal statutes of limitation vary by the severity of the offense:

• Misdemeanor assaults: generally have a shorter limitations period (often one year) for starting prosecution.
• Felony assaults: typically have a longer limitations period (commonly three years) for starting prosecution.
• Very serious crimes (for example homicide) typically have no statute of limitations.

These time frames govern how long prosecutors have to charge a suspect, not how long victims have to sue civilly.

Exceptions and special rules that can change the deadline

Several circumstances can change how long you have to bring a civil assault claim:

• Discovery rule: if you did not and could not reasonably have discovered your injury right away, the limitations period may be tolled (delayed) until you discovered the injury. This is less common for straightforward assaults but can apply in some situations.
• Minor plaintiffs: claims by minors are often tolled while the child is under the age of majority (the exact tolling rules can vary and may extend the filing deadline until some time after the minor turns 18).
• Claims against government entities: suing a municipal, state, or other public entity usually triggers special notice and shorter filing requirements (you generally must file an administrative notice or claim before you can sue). These rules are strict and different from ordinary civil deadlines.
• Accrual and continuing harms: in rare cases where harm is ongoing, different rules may apply to when the clock starts.

Where to look in the law

The civil limitation for personal-injury actions is set by Oklahoma civil procedure and statute. For general reference to Oklahoma statutes and to confirm the current text, see the Oklahoma Legislature website: https://www.oklegislature.gov. For criminal statutes of limitation and related provisions, consult the criminal procedure titles on the same site.

What to do now

If you were assaulted, act promptly:

• Preserve evidence (photos, medical records, witness names, police reports).
• If you were seriously hurt, seek medical care and keep records of all treatment.
• Contact an attorney quickly. Even when a deadline appears short, exceptions or tolling rules might apply—the right attorney can evaluate your situation and preserve your rights (for example, by filing a timely lawsuit if needed).

Helpful Hints

• File early: Two years is a short time. Don’t wait to consult an attorney if you want to pursue damages.
• Criminal and civil timelines differ: a criminal charge is a matter for the state; civil suits are your private remedy for compensation.
• Government defendants are different: if the defendant is a government entity or employee, ask a lawyer about notice rules and shortened deadlines right away.
• Keep documentation: medical bills, photos of injuries, incident reports, and witness contact information strengthen a claim and help an attorney evaluate tolling questions.
• If the victim is a child: special tolling rules often apply—get legal advice to understand how the statute of limitations functions for minors.
• Don’t rely on online timelines alone: statutes and case law change. A licensed Oklahoma attorney can give up-to-date legal guidance tailored to your facts.

Disclaimer: This article explains general Oklahoma legal principles and is for informational purposes only. It does not constitute legal advice. For advice about your specific situation, contact a licensed attorney in Oklahoma.