When people hear the term “statute of limitations,” they usually think about civil cases involving personal injury claims. Many are unaware, however, that statutes of limitation also apply in criminal matters. Specifically, the State of Arizona, like other states, has enacted laws that provide a maximum time between the commission of a crime and the filing of charges against the defendant, the alleged wrongdoer.
In most situations, the time periods are relatively straightforward and easy to understand. A.R.S. 13-107 provides the following general rules covering the time to file of criminal charges:
- Class 2 through Class 6 felonies: 7 years
- Misdemeanors: 1 year
- Petty Offenses: 6 months
As far as what it means to “file” a charge, the statute goes on to state that a prosecution commences, tolling the statute of limitations, when an indictment (or an information or complaint) is filed.
There are also some charges that do not fit neatly within the above rules on the timing of a charge. They include Class 1 felonies (first and second degree murder), which have no statute of limitations. This means a person may be charged with murder decades after the crime occurred.
There are rules that apply to all cases, which affect the running of the applicable statute of limitations. For example, the statute of limitations does not run during any period when the accused person has no ascertainable home in Arizona or is absent from the state. In addition, if charges are filed in time, and then dismissed, the prosecutor may refile the charges within 6 months after the dismissal, even if the statute of limitations expired in the interim.
Finally, the statute of limitations for a “serious offense” (A.R.S. 13-706) does not begin to run until the identity of the person who allegedly committed the offense becomes known. “Serious offenses” include manslaughter, sexual assault, armed robbery, some aggravated assault charges, and dangerous crimes against children, among others.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028