A Statute of Limitation is the time frame for which the State and prosecution have to bring criminal charges against a suspect.
Under A.R.S. § 13 – 107 time limits for which charges can be brought are either named by crime or criminal classification.
In general, the State has one year to bring charges for Misdemeanors and 7 years for Felonies. The court may grant an extension in which to prosecute charges if there is a justifiable reason that exists.
Crimes specified with a 6 month time limitation are less serious crimes such as petty theft or other petty offense as of the actual discovery of the offense by the state; or that should have occurred with reasonable due diligence whichever is first.
Crimes Subject to No Statute of Limitation
Under A.R.S. § 13 – 107 (A) serious crimes are specified that have no limitations on time, for which charges may be brought and prosecuted. These crimes include:
- Class 1 Felony - Homicide;
- Class 2 Felony - Sexual offense;
- Class 2 Felony - Sexual exploitation of a child;
- Class 2 Felony – Violent sexual assault or rape;
- Terrorist acts;
- Misuse of public funds;
- Felony falsification of public records;
- Attempt to commit any of the above offenses
There are other exceptions. For example the period of a limitation does not run while the suspect is absent from the state of Arizona; or has no residence here A.R.S. § 13 – 107 (D).
The time limitation for which charges can be brought are those where the identity is unknown, of a violent, serious, or aggravated criminal offender A.R.S. § 13 – 107 (E).
If charges previously brought are dismissed for any reason before the time limitation has expired, a new prosecution may begin within six months after the court finalizes the dismissal A.R.S. § 13 – 107 (G).
Criminal Defenses for Gilbert AZ Offenses
If you have been accused, arrested or charged with any crime in Gilbert, you should always consult a criminal defense attorney to discuss your matter. If retained, there may be defense you are not aware of that may lead to a dismissal of charged. “Statutory Time Limits” are a common offense. They are also known as procedure, or trial defenses. Time limits also apply to “Rules of Criminal Procedures” which apply to the criminal court process. This is why it important to retain qualified legal representation for your charges. Your defense firm will be familiar with the time limitations that apply in Arizona. If the prosecution brings charges after a time limit has expired, it may lead to a dismissal of charges or other favorable outcomes in your case.