Most people have heard of the concept of a “statute of limitations.” And many are aware that the term relates to the time period within which a person can commence a lawsuit (on the civil side) or be formally charged with an offense (in criminal matters). In this article, we are going to explore the issue as it relates to criminal law in Arizona. At the outset, a criminal action is commenced when an indictment, a complaint, or an information is filed with the court concerning the crime in question.
What is the Statute of Limitations for Criminal Charges in Arizona?
The first thing you’ll notice when you look at the statute, particularly A.R.S. 13-107, is that limitations on prosecution for crimes depend, at least in part, on the nature of the charge involved. The following examples demonstrate the concept.
Homicide, violent sexual assault, misuse of public funds, and a number of other charges can be “commenced at any time.” Loosely translated, this means that there is no applicable statute of limitations for the prosecution of those crimes. For other offenses, the statute of limitations varies generally with the severity of the charge:
- Class 2 through class 6 felonies – seven years.
- Misdemeanors – one year.
- Petty offenses – 6 months.
Generally speaking, the more serious the offense, the longer the prosecution will have to bring the charge before being foreclosed by the statute of limitations.
What Does it Mean when a Statute of Limitations is “Tolled”?
To complicate the issue, there may be times when the statute of limitations for a case ceases to run for some period of time. The reasons vary. In these cases, it is said that the statute is “tolled.” The passage of time during the period when the statute is tolled does not count when calculating the passage of time the bring charges. Here are a couple of examples of what is referred to as a “saving clause” which will allow the filing of a criminal case for a period of 6 months after a charge is dismissed, even though the time under the original statute of limitations has expired. We say in this case that the statute has been “tolled.”
- The accused is absent from the state and has no place of abode within Arizona for three months after he was suspected of committing a misdemeanor. When he is finally located, that three-month period is not counted when calculating whether the case was filed in a timely manner.
- The defendant is charged with a criminal offense. If the case is thrown out for any reason, the prosecution has an additional six months after the dismissal in which to refile the case. Note that this would not apply to cases which are dismissed “with prejudice,” thereby precluding the refiling of the case under the double jeopardy clause of the Constitution.
The critical issue in the applicability of a savings clause is whether the original filing (complaint, indictment, or information) was filed prior to the expiration of the limitations period.
Criminal Charge filed and then dismissed in another state
Another issue arises when a case is filed in another state, then dismissed and refiled in Arizona. The filing in the foreign jurisdiction has no effect on the Arizona statute of limitations, i.e., a criminal charge filed in another state does not toll the Arizona statute of limitations. If the applicable period, including the time the case was pending in the other state, exceeds the applicable time period in Arizona, it may not be refiled here. The only caveat is if the defendant cannot be located in Arizona during the time before the Arizona charge was filed, which fact would itself toll the statute of limitations.
Conclusion
Arizona’s criminal statute of limitations savings clause provides Arizona prosecutors with a six-month window to refile charges after dismissal, even when the original limitations period has expired. The clause applies broadly to dismissals for any reason and can accommodate multiple refiling within the savings period. Understanding these provisions are essential for both prosecutors and defense counsel in managing criminal cases where timing issues may arise.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028