Criminal Law: Is There a Statute of Limitations for Criminal Charges?

Is There a Statute of Limitations for Criminal Charges?

There are many levels of criminal offenses in Alabama, and criminal laws can be confusing. Specifically, it can be difficult to understand the applicable statutes of limitations, which is the legal amount of time that a prosecutor has to file charges in court for your alleged offense.

If you are charged with a crime, you need a criminal defense lawyer protecting your rights. Reach out for help immediately.

Offenses in Alabama That Don’t Have a Statute of Limitations

When an offense does not have a statute of limitations attached to it, it means that there is no set time limit on when the offender can be prosecuted for a crime they committed. According to Alabama Code § 15-3-5, the two types of crimes that fall under this category are capital offenses and certain felonies.

A capital crime is one that can be punished by death, which involves homicide or another death of someone else. There is no time limit for prosecutors to bring capital charges in Alabama, and some cold cases result in charges decades after the alleged homicide occurred. 

A “felony” is defined as a crime that can be punished by over one year in prison under criminal law. In Alabama, there are a few different types, and like capital crimes, some don’t have a statute of limitations. Some of these are sexual abuse of a minor under 16, arson, murder, or even counterfeiting.

Alabama Crimes That Have a Statute of Limitations

All misdemeanors in the State of Alabama have a statute of limitations of one (1) year. These are less serious offenses than felonies, so the prosecutor has less time under the law to investigate and build a case against you. Once one year passes from the date of the alleged offense, you do not have to worry about facing charges years down the road. 

When it comes to lower-level felonies (which are felonies other than the serious ones mentioned earlier in the previous section), they do have a statute of limitations of five (5) years. If you are arrested and released without a summons and court date, you cannot simply relax and assume you will not face charges. There is a possibility the prosecutor is taking time to build a case, so they have the legal justification to file charges. 

If a prosecutor files charges against you, one of two things might happen:

• For less serious offenses, you might receive a summons to criminal court in the mail, and you are expected to appear on the scheduled court date. 
• For more serious offenses, the court might issue an arrest warrant, which means the police can arrest you if they pull you over or even show up at your home or work to place you under arrest. 

Contact Your Trusted Montgomery Criminal Defense Lawyer

If you are in need of legal representation because you face criminal charges or you think the statute of limitations has passed on a crime that you’ve been accused of, then don’t hesitate to contact an experienced Alabama criminal defense attorney at Luck Law, LLC today at 334.262.5455.