Statute of Limitations Defined
A statute of limitations sets a definitive timeframe for legal proceedings to be brought against someone. The statute of limitations applies to both criminal matters and civil matters. The purpose of the statute of limitations is to allow the criminal and civil justice systems to move forward, rather than spend time and money on relatively minor issues from several years past. Statutes of limitations differ for misdemeanors, felonies, federal crimes and civil matters, so we will look at all four.
Misdemeanor Statute of Limitations
Misdemeanors are minor crimes punishable by no more than one year in a county jail and often by fines, community service or probation. These crimes generally have a short statute of limitations. Most misdemeanors, especially non-violent ones, have a statute of limitations of 1-2 years. Each state sets its own statutes of limitations for each misdemeanor, so make sure you check the laws that apply to your state for accurate information.
Felony Statute of Limitations
Because felonies are more serious than misdemeanors, the statute of limitations is longer, giving prosecutors significant time to gather the evidence needed to go to trial. Most felonies have a statute of limitations of 3-5 years, but again, these vary by state. Violent felonies, such as aggravated assault, arson or armed robbery, may have longer statutes of limitations. Murder, being the most grave crime, has no statute of limitations in any jurisdiction. In some states, rape and sexual assault also have no statute of limitations, especially if the victim is a child.
Federal Statute of Limitations
Murder, capital crimes or crimes punishable by death, such as treason, have no statute of limitations. The Patriot Act, passed in 2001 following the 9/11 terrorist strikes, also removed statutes of limitations on numerous terror-related crimes. Most federal crimes involve tax fraud, wire fraud and other crimes that cross state lines. These generally carry statutes of limitations of around five years.
Civil Statute of Limitations
Just like in criminal cases, the statutes of limitations for various civil actions vary by state. Actions involving civil matters such as fraud, personal injury, medical or professional malpractice or defamation usually have a statute of limitations of 1-3 years. The difference between civil and criminal statutes of limitations is that in criminal matters the statute of limitations begins with the commission of a crime, while the time limit for civil cases does not start until the injury is discovered. For example, if a banker defrauds an investor and the investor does not discover the fraud until the following year when he files his tax return, the statute of limitations begins with the discovery of the fraud.