Statute of Limitations: Crimes in Arizona Subject to No Statute of Limitation

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

 

Other Exceptions

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).