A statute of limitations sets a deadline for when a prosecutor can bring criminal charges. If you are facing a criminal allegation in New York, you may wonder whether you can be charged with a crime if the statute of limitations has expired. Understanding these timeframes is important to protecting your rights. Speak with a knowledgeable Rockland County criminal defense attorney for more information today.
How Long Are the Statutes of Limitations in New York?
New York’s statutes of limitations vary depending on the type of offense. Criminal charges can have much longer timeframes than civil offenses, but they will vary significantly depending on the severity and specifics of the crime. Misdemeanors typically must be charged within 2 years, while felonies are often extended to 5 years. However, the deadlines can vary widely depending on the circumstances.
Some offenses even have no time limit and can be prosecuted regardless of how much time has passed since the alleged crime. Examples of offenses with no deadline include murder, rape, certain kidnapping offenses, and certain arson offenses.
Can I Be Charged With a Crime in NY if the Statute of Limitations Has Expired?
A prosecutor may attempt to file charges after the statute of limitations has expired. However, the court must generally dismiss any charges that violate the state’s deadlines. Filing past the statute of limitations typically deprives the court of jurisdiction, meaning it is a violation of your rights for the court to continue with the case.
If you are being charged for an alleged offense past the deadline imposed by the statute of limitations, your attorney can file a motion to dismiss based on NY CPL § 30.10, which stipulates the timeliness of prosecutions.
Are There Exceptions to the Statute of Limitations?
Like most rules, this one has some exceptions. As established, some crimes do not have a statute of limitations at all. Class A felonies like murder, rape, terrorism, and certain violent crimes can be prosecuted at any time, even decades later.
In addition, these deadlines can sometimes be “tolled.” Tolling pauses the countdown to the statute of limitations, effectively extending the timeframe in which the prosecution can initiate proceedings. For example, if the victim was a minor, the crime was not discovered right away, DNA evidence later identifies a suspect, or the defendant is out of the state or country, it could pause the clock for prosecution. New York allows for up to 5 years of tolling time.
Criminal law can be complex, so it is crucial that you understand your legal rights and obligations. Reach out to an experienced attorney today for more information.
