If you’ve been accused of a crime, the state doesn’t have an unlimited amount of time to press charges. In Florida, the statute of limitations sets a deadline for how long prosecutors have to bring a case against you. Once that time runs out, you may have a strong defense against prosecution. Knowing these time limits can help protect your rights and give you some peace of mind. However, the deadlines vary depending on the type of crime, so it’s important to understand how it works.
General Time Limits for Criminal Charges
Florida law sets different time limits based on the severity of the alleged crime. Here’s a simple breakdown:
- Capital felonies and life felonies: No time limit. The state can bring charges at any time.
- First-degree felonies: 4 years.
- Other felonies (second and third degree): 3 years.
- First-degree misdemeanors: 2 years.
- Second-degree misdemeanors and noncriminal violations: 1 year.
For example, if you’re accused of aggravated assault (a third-degree felony), the state usually has 3 years from the date of the alleged incident to file charges. If it’s a second-degree misdemeanor like disorderly conduct, the deadline is just 1 year.
The clock generally starts ticking on the date the crime happened. But there are times when it can be paused, and we’ll explain those next.
Common Exceptions and Extensions
There are situations where Florida law allows the statute of limitations to be extended or paused. Some of the most common exceptions include:
- Leaving the state: If the accused person is continuously out of Florida, the clock may stop running during their absence.
- New DNA evidence: For certain serious offenses, like sexual battery, if DNA evidence is found later, it can extend the deadline for filing charges.
Also, for some crimes like murder or very serious sex crimes involving minors, there is no statute of limitations at all. That means prosecutors can bring charges no matter how much time has passed.
If you’re unsure whether an exception applies to your case, it’s a good idea to get clear answers. The rules can be complicated, and assuming the time has passed without checking can be a risky move.
What Happens if the Statute Runs Out?
When the statute of limitations expires, the state loses the right to bring criminal charges. If they try to prosecute you anyway, you can raise the statute of limitations as a defense to have the case dismissed.
However, prosecutors may try to argue that an exception applies or that the time limit hasn’t actually run out. These arguments can be tricky to fight without the right legal help. If you think the deadline might have passed, it’s important to bring it up early and clearly. Waiting too long could hurt your defense.
Why Legal Help Matters
Even if it seems obvious that too much time has passed, you can’t assume the court will throw out the case automatically. Prosecutors often look for ways to extend or pause the statute, especially in serious cases.
At Central Justice, we know how to review the timeline carefully and push back when prosecutors try to overreach. We’ll check every detail, from the date of the alleged offense to any possible exceptions. If the statute of limitations has expired, we’ll fight to have your case dismissed before it ever reaches trial.
Protect Your Rights Today
When it comes to criminal charges, timing matters just as much as the facts of the case. If you’ve been accused of a crime — whether recently or after some time has passed — don’t wait to get help. Contact Central Justice today for a consultation. We’ll review your situation, explain your options clearly, and work with you to protect your future.
