How long an assault case takes depends mostly on two things: whether it’s charged as a misdemeanor or a felony, and whether it ends in a plea deal or a trial. A misdemeanor assault that settles through a plea typically wraps up in two to six months. A felony assault that goes to trial commonly runs a year or more, and complicated cases can stretch past two years once sentencing and appeals are counted. Roughly 90 to 95 percent of criminal cases end in a plea rather than a verdict, which is why the short end of these ranges is where most defendants actually land.
Misdemeanor Assault: Two to Six Months
Lower-level assaults, the kind involving minor injuries or threats, tend to move quickly. The investigation is simpler, discovery is lighter, and plea offers often come early. When the worst realistic outcome is a fine or probation, both sides have an incentive to negotiate rather than fight, and many of these cases never see a courtroom beyond the arraignment.
The two-to-six-month window covers the time from arrest through a plea and sentencing. Cases at the shorter end usually involve cooperative witnesses, a clean police report, and a defendant willing to accept an early offer. Cases at the longer end are ones where the defense pushes for continuances, discovery drags, or the parties negotiate through several rounds before settling.
Felony Assault: A Year or More
Felony assault cases, particularly those involving serious bodily injury or a weapon, routinely take twelve to eighteen months from arrest to verdict when they go to trial. Sentencing adds another two to three months on top of that. Bureau of Justice Statistics data shows about half of all felony cases reach a disposition within roughly three and a half months, but that median is pulled down by the large share of cases resolved by quick plea deals. Cases that actually work through motions and trial push well past that mark.
The stakes explain the pace. When a defendant faces years in prison, the defense takes every available step to build its case: more investigation, more motions, more expert consultation. The prosecution responds in kind. Every step adds calendar time.
Stage by Stage
Investigation and Charging
The clock starts when someone reports an incident. Officers respond, interview witnesses, collect evidence, and write a report. A bar fight with cooperating witnesses might take a day. An assault involving surveillance footage, medical records, or forensic evidence can keep investigators busy for weeks.
The file then goes to a prosecutor, who decides whether to file charges and at what level. This review can take a few days or several weeks depending on evidence and caseload. Prosecutors must act within the statute of limitations, which varies by state and by severity: misdemeanor assault statutes typically run one to three years, and felony deadlines often run longer. Missing that deadline means the case cannot be prosecuted regardless of the evidence.
Arraignment
Once charges are filed, the defendant appears in court to hear the charges, enter a plea, and address bail. In federal court, this happens the same day or the day after arrest. State courts usually hold arraignments within a few days to a few weeks. A defendant sitting in jail waiting for trial gets priority scheduling, which can shave weeks or months off the overall timeline compared with a defendant out on bail.
Speedy Trial Deadlines
Every defendant has a constitutional right to a speedy trial under the Sixth Amendment. In federal court, the Speedy Trial Act requires that an indictment be filed within 30 days of arrest and that trial begin within 70 days of indictment or the defendant’s first court appearance, whichever comes later. Trial also cannot start fewer than 30 days after the defendant first appears with an attorney.
Those deadlines rarely control the actual pace of a case. The statute excludes time for pending motions, competency evaluations, interlocutory appeals, and continuances the defense requests or agrees to. Defense attorneys routinely waive speedy trial rights to buy more time for investigation and negotiation. When the defendant agrees to a continuance, that time stops counting against the clock. The 70-day federal deadline almost never means a case actually goes to trial in 70 days. State speedy trial rules vary widely, with some setting firm day counts and others using vaguer standards.
Pre-Trial: Discovery and Motions
Pre-trial work eats most of the calendar. Both sides exchange evidence during discovery: police reports, witness statements, photos, video, medical records, forensic results. Simple cases can finish discovery in a few weeks. Cases involving extensive digital evidence, multiple victims, or lab work take months, particularly when crime labs are backed up.
Attorneys also file motions during this stretch: motions to suppress evidence obtained through an improper search, motions to dismiss for legal deficiencies, motions to exclude prejudicial testimony. Each motion requires briefing, a possible hearing, and a ruling. When several motions are in play, the calendar time compounds.
Plea Bargaining and Diversion
Plea negotiations happen throughout the pre-trial phase, sometimes starting within days of charges being filed and continuing right up to trial. The prosecution might offer a reduced charge, a lighter sentencing recommendation, or dismissal of some counts. The defense weighs the evidence, the sentencing exposure, and the client’s tolerance for risk.
An estimated 90 to 95 percent of criminal cases at both the federal and state level resolve through pleas rather than trial. For assault cases the rate is high because the evidence is often straightforward and both sides can predict the likely outcome. A plea can close a case at any point in the pre-trial process, which is why many misdemeanor assaults are done within a few months.
Some jurisdictions offer pretrial diversion programs for lower-level assaults, particularly for first-time offenders. The defendant completes requirements like community service, counseling, or anger management over a set period, typically six months to two years. If the defendant finishes, the charges are dismissed. If not, the case picks back up where it left off. Diversion adds time to the calendar but leaves no conviction on the record.
Trial
When no deal is reached, the case goes to trial. Jury selection comes first: a few hours for a misdemeanor, several days for a high-profile felony. Then opening statements, the prosecution’s case, cross-examination, the defense case if any, closings, jury instructions, and deliberations.
A simple assault trial might last one to three days. A felony trial with multiple witnesses, expert testimony, and self-defense arguments can run one to two weeks or longer. Deliberations are unpredictable: some juries return in hours, others take days. If the jury cannot reach a unanimous verdict, the judge declares a mistrial and the prosecution decides whether to retry, adding months to the overall timeline.
Sentencing
A guilty verdict or plea does not end things immediately. In federal court, the probation office prepares a presentence investigation report covering the defendant’s background, criminal history, and the offense. The defendant must receive this report at least 35 days before sentencing, and the parties have 14 days to file objections. Federal sentencing hearings typically occur about 75 days after conviction for defendants in custody and about 90 days for those out on bail.
State timelines vary. Some courts schedule sentencing within a few weeks of a guilty plea, especially for misdemeanors. Others take two to three months for felonies where the judge orders a presentence report. When the victim suffered medical bills or other losses, the court often orders restitution. In federal cases involving crimes of violence, restitution is mandatory, and if the full amount isn’t known at sentencing, federal law gives the court up to 90 days after sentencing to finalize it.
What Causes the Longest Delays
Some delays are structural and some are strategic. The most common:
- Forensic evidence backlogs. Cases relying on DNA, digital forensics, or toxicology are at the mercy of crime lab turnaround times, which can pause proceedings for months.
- Witness availability. A key witness who has moved, become uncooperative, or is hard to locate can force multiple postponements.
- Court congestion. A packed docket may not have hearing dates for months, and scheduling conflicts between judges and attorneys compound the problem.
- Multiple defendants. Coordinating schedules, managing separate discovery, and resolving conflicts of interest all add time.
- Defense continuances. Defense attorneys frequently request more preparation time, and courts usually grant these requests. Each continuance excludes that period from the speedy trial clock.
- Competency evaluations. If there’s a question about whether the defendant is mentally competent to stand trial, the court orders a psychological evaluation. The evaluation takes weeks, and the time is excluded from speedy trial calculations.
The delays that surprise defendants most are the ones caused by their own side. A defense attorney asking for a continuance is usually making a smart tactical decision, but each one pushes the resolution date further out.
Appeals
A conviction doesn’t necessarily close the case. In federal court, a defendant has 14 days after judgment is entered to file a notice of appeal. State deadlines vary but are similarly short, and missing the window generally forfeits the right to a direct appeal.
The appellate process itself is slow. Both sides file written briefs, the appeals court may schedule oral argument, and the panel deliberates before issuing an opinion. A straightforward appeal can take six months to a year. Complex cases or those involving novel legal issues take longer. For the small percentage of assault defendants who go to trial, lose, and appeal, the full timeline from arrest to final resolution can stretch to two years or more. For the majority who plead out and don’t appeal, the case truly ends at sentencing.