Is There a Statute of Limitations in Regard to Criminal Cases in Florida?
You have the right to defend yourself against a criminal charge. Imagine that you are accused of stealing from a store more than ten years ago. Could you reasonably defend yourself? It would be difficult because so much time has passed. Prosecutors do not have unlimited time to bring charges. There is a statute of limitations for most criminal charges in Florida. Within this article, our Stuart criminal defense lawyer provides an overview of the statute of limitations defense.
The Statute of Limitations is the Time Limit to Initiate Legal Action
As explained by the Legal Information Institute, the statute of limitations is “any law that bars claims after a certain period of time passes.” There are statutes of limitations for both civil cases and criminal cases. In the criminal law context, the statute of limitations sets the deadline by which prosecutors must file charges. What happens if the statute of limitations passes by? The case can be automatically dismissed. The court may dismiss it on its own. Generally, the defendant should proactively raise a statute of limitations defense if one is available.
Florida has a Statute of Limitations for (Most) Criminal Charges
Florida has a statute of limitations for most—but not all—criminal charges. Notably, the statute of limitations varies for different criminal charges. As a general rule, the more serious the allegations, the longer the statute of limitations. Here is a general overview of informational purposes
- Second-Degree Misdemeanors (One Year): In Florida, second-degree misdemeanors must be prosecuted within one year of the offense.
- First-Degree Misdemeanors (Two Years): First-degree misdemeanors—such as DUI offenses—carry a statute of limitations of two years in Florida
- Second-Degree Felonies (Three Years): Felonies have a longer statute of limitations. For a second-degree felony, the general statute of limitations is three years.
- First-Degree Felonies (Four Years): First-degree felonies—such as armed robbery and some drug trafficking offenses—have a four-year statute of limitations.
- Some Even More Serious Felonies (Up to Ten Years): In Florida, there is a special statute of limitations for certain more serious felony offenses. The specific statute of limitations varies depending on the charge, but it can be five to ten years.
- Most Serious Crimes (No Statute of Limitations): Not all crimes have a statute of limitations in Florida. Crimes like murder and other capital offenses have no statute of limitations, so charges can be brought indefinitely.
Speak to Our Stuart, FL Criminal Defense Attorney Today
At The Law Office of Denise Miller, PA, our Stuart, FL, criminal defense attorney is standing by, ready to protect your rights. If you have any questions about raising a statute of limitations defense, we can help. Contact us today for a fully confidential, no-obligation initial case review. With an office in Stuart, we defend criminal cases throughout Martin County, including in Hobe Sound, Indian town, Jensen Beach, Port Salerno, Palm City, and North River Shores.
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- What is the First-Time Offender Program for DUI in Florida?
- Should I Hire a Florida DUI Attorney If I Have Been Arrested For Driving While Intoxicated?
