What is the Statute of Limitations for Criminal Offenses?

When it comes to the law, you typically only have a certain amount of time to file a claim. This is true for crimes as well.

There are time limits in place called statutes of limitations. Criminal statutes of limitations are designed to protect those who have allegedly committed a crime. If a judge rules that the statute of limitations has expired, prosecution is barred, and a person cannot legally be charged for an offense, even if they did in fact commit the crime.

Statutes of limitations are in place for a reason. First of all, it is harder for someone to defend themselves from a crime when a lot of time has passed. Also, it is not fair to punish someone for behavior that happened many years ago.

While most crimes do have a statute of limitations, legislators in New Jersey have decided that some crimes are so serious that they should be tried at any time — even decades after they happened.

The statute of limitations for crimes varies. Here is a look at the time limits in more detail.

New Jersey Statute of Limitations for Crimes

The statutes of limitations for criminal offenses are outlined in the New Jersey Code of Criminal Justice, Section 2C:1-6.

Generally speaking, the statutes of limitations are five years for indictable crimes and one year for disorderly persons and petty disorderly persons offenses. Indictable offenses are serious crimes, often felonies, that require an indictment (formal accusation) before a trial.

As mentioned above, some crimes have no time limit. Those crimes include murder, manslaughter, and sexual assault (rape).

Assault may have a time limit of one or five years. For false imprisonment, the time limit is one year. The statute of limitations for arson and burglary is five years. Theft or receiving stolen property can be one or five years, while robbery and kidnapping have a time limit of five years. Official misconduct or bribery of a public official has a time limit of seven years.

In some cases, the statute of limitation for a certain crime may be tolled, or suspended. This may happen in cases where a crime is not immediately discovered. This also occurs when a defendant flees from justice. Suspending the time limit allows prosecutors more time to gather evidence and charge someone with a crime.

Contact Us Today

The statute of limitations for a criminal offense can vary based on the offense. While there are general limitations in place, keep in mind that if you have committed a serious crime many years ago, you could be prosecuted for it at any time.

Protect yourself with help from a Cherry Hill criminal defense lawyer from The Law Offices of Christopher St. John. We have experience handling a wide range of crimes in New Jersey and

can help you understand your legal rights. Call (856) 716-5427 or fill out the online form to schedule a consultation.