The Florida criminal statute of limitations determines how long the State Attorney’s Office has to prosecute crimes. Understanding these deadlines is crucial when facing any criminal charge, since the timing of the case can determine whether charges move forward.
The Tampa criminal defense attorneys at Buda Law provide experienced, reliable defense for a wide range of criminal offenses. Our team can help you figure out how limitation periods affect your case. To schedule a free consultation with Buda Law, call (813) 322-2832 or contact us online.
What is the Statute of Limitations in Florida?
In Florida criminal law, the statute of limitations refers to the legal time limit for prosecutors to file criminal charges. Limitations exist to ensure the integrity of evidence and fairness in prosecution. Courts have long recognized, including rulings from the United States Supreme Court, that statutes of limitations serve an essential role in protecting due process by preventing prosecutions based on stale evidence.
Since crucial evidence can deteriorate over time, the timely prosecution of criminal offenses is important.
How Long is The Statute of Limitations in Florida?
The limitations period depends on the material elements and severity of the crime. The more severe the crime, the longer the statute of limitations allows for criminal prosecution. Florida Statutes § 775.15 outlines the limitations on criminal prosecution for various crimes.
Generally, prosecution for misdemeanors of the second degree must be filed within 1 year, while prosecution for misdemeanors of the first degree must be filed within 2 years.
Both third- and second-degree felonies are subject to a 3-year limitation. A 4-year limitation applies to first-degree felony violations.
More specific limitations periods apply to certain crimes.
Florida Statute of Limitations For Crimes
Understanding the statute of limitations as it applies to charges being brought against you is very important. Our Tampa criminal defence attorneys prepare clients for trial by providing insight into Florida criminal law.
Florida Statute Of Limitations for Theft
Buda Law’s Tampa theft crimes attorneys provide experienced defense against a wide range of theft-related charges, including petit theft, grand theft, robbery, and burglary offenses. As a second-degree or first-degree misdemeanor, petit theft charges are subject to a statute of limitations of 1 or 2 years, respectively. Prosecution may pursue grand theft charges within 3 or 4 years, depending on the felony level. The limitation period for a robbery offense is generally 3 years. The statute of limitations extends to 4 years for armed robbery cases.
Florida Statute of Limitations for Assault and Battery
Simple battery qualifies as a first-degree misdemeanor with a 2-year statute of limitations. Charges can escalate to a third-degree felony battery offense when the defendant has a prior battery conviction or commits battery to further a riot. The statute of limitations is 3 years in both cases. A 3-year limitations period applies to both aggravated assault and aggravated battery. Our Florida violent crimes lawyers help clients fight charges for these and other violent crimes.
Florida Criminal Statute of Limitations Rape & Sexual Battery
The sexual battery statute of limitations in Florida depends on the age of the victim, the age of the perpetrator, and other aggravating factors. Courts generally consider sexual battery cases where both the accused and the victim are 18 or older to be a first-degree felony offense with a 4-year statute of limitations. If the perpetrator did not use physical violence, a lower second-degree felony with a 3-year limitations period may apply.
Sex crimes involving minor victims are usually subject to harsher charges and longer limitation periods. If the case qualifies as a capital felony or life felony, no statutes of limitations apply. Furthermore, Florida law often allows prosecution at any time for sexual battery committed against a minor. Related offenses, including lewd or lascivious offense charges involving minors, are also subject to unique statute of limitations rules under Florida law, and in some cases may be prosecuted long after the alleged conduct occurred.
The limitations period for sexual battery can be extended when DNA evidence establishes the identity of the accused. In such cases, the DNA must be preserved and available for testing by the accused. A 1-year extension applies to cases not otherwise barred from prosecution between July 1, 2004, and June 30, 2006. State law allows for an indefinite extension for cases not otherwise barred from prosecution on or before July 1, 2006. To learn more about which limitations apply to your case, consult with our Tampa, FL sex crimes attorneys.
Florida Statute of Limitations for Drug Crimes
Drug possession charges vary based on the type and quantity of the drug. For example, possession of marijuana under 20 grams is a first-degree misdemeanor with a limitations period of 2 years. Possession of over 20 grams escalates the charges to a third-degree felony, which is subject to a 3-year limitation.
Similarly, courts may charge drug trafficking as third-, second-, or first-degree felonies depending on the type of drug and how much the perpetrator had. Higher charges with longer limitation periods generally apply to controlled substance cases. Prescription fraud qualifies as a second-degree misdemeanor with a 1-year statute of limitations. If you’re facing drug-related charges, contact a Tampa drug crimes attorney today.
Florida Statute of Limitations for Fraud and White Collar Crimes
Depending on the frequency of fraudulent use and the value of the money, goods, or services obtained, credit card fraud can qualify for either a 2-year or 3-year limitation period. Prosecution must generally bring charges for insurance fraud within 5 years of when the violation occurred. Identity theft is a felony offense subject to either 3- or 4-year limitations.
Higher charges generally apply to financial crimes involving ongoing conduct. Furthermore, the limitation period can extend by up to 1 year after the discovery of certain offenses involving fraud or breach of fiduciary obligation. Our Florida white collar crimes lawyers help clients in Tampa and the surrounding areas fight charges related to fraud.
Florida Statute of Limitations for DUI and Traffic-Related Crimes
Florida drivers have a legal duty to stop and remain at the scene of an accident after crashes involving property damage, injury, or death. Failure to stop can lead to second-degree misdemeanor, third-degree felony, or first-degree felony charges. Limitation periods of 2, 3, and 4 years apply.
Florida law requires prosecutors to pursue misdemeanor DUI charges within 1 year for a second-degree misdemeanor and 2 years for a first-degree misdemeanor. Felony DUI charges can be subject to a limitations period of 3 to 4 years. No limitation applies to cases that resulted in a death. For legal support following a car accident, contact our traffic crime and DUI defense lawyers in Tampa, FL.
Florida Statute of Limitations for Domestic Violence Offenses
Under state law, domestic violence charges cover a wide range of violent crimes committed by one family or household member against another. As a misdemeanor charge, this crime may qualify for a 1 or 2-year statute of limitations. A limitation period of 3 to 4 years typically applies to aggravated domestic violence charges. Repeat domestic violence offenses enhance the level at which prosecutors charge this crime, thus increasing the applicable statute of limitations. If you’ve been accused of domestic violence, our Tampa domestic violence defense lawyers can help.
Florida Statute of Limitations for Weapons and Firearm Offenses
Felons may not possess any firearms. Violations of this law qualify for first-degree felony charges with a statute of limitations of 4 years. Courts may charge unauthorized carrying of a firearm as a third-degree felony. The limitation period for prosecution is 3 years.
Generally speaking, having or using a firearm or other dangerous weapon during the commission of any crime enhances the associated charges and limitations period. Florida Law allows prosecution for a felony that resulted in personal injury to begin within 10 years when such felony arises from the use of firearms and other destructive devices.
Florida Statute of Limitations for Juvenile Crimes
The statute of limitations for many Florida crimes depends on the level of the crime. This means that, generally, the applicable statute of limitations is the same for both juvenile and adult offenses. Minors 14 years of age or older can be tried as an adult at the request of the state attorney or if they were previously adjudicated for certain felonies. Our Tampa, FL juvenile defense attorneys support families and minors fighting juvenile charges.
When Does Criminal Statute of Limitations Start?
Criminal statutes of limitations generally start from the date after the alleged violation occurred. However, Florida law makes some exceptions that allow the statute of limitations to start at the date of discovery of the violation. DNA identification may also extend the time limit to pursue certain violent crimes, such as aggravated or felony battery, sexual battery, false imprisonment, aggravated child abuse, etc. If a defendant flees the state, his or her absence can affect the limitations period. The statute of limitations can be tolled when the defendant is continuously absent from the state and has no reasonably ascertainable place of abode or work within the state.
What Crimes Have No Statute of Limitations in Florida?
Due to their serious nature, some offenses can be charged at any time under Florida law. This includes capital felonies, life felonies, and any felony that resulted in a death, such as murder and homicide offenses. Additionally, certain sexual offenses involving minors can be pursued at any time.
Can the Statute of Limitations for Criminal Cases Be Extended or Paused?
Yes, the statute of limitations can be tolled under specific conditions. The defendant’s absence from the state of Florida can toll the time limit, though the tolling cannot extend the limitation period by more than 3 years. In certain cases, tolling can apply to crimes committed by someone who intentionally hides their identity. If the court dismisses or sets aside either an indictment or information due to errors after the statute of limitations has passed, the time limit can be extended by 3 months. Although many cases involving sexual battery of a minor do not qualify for any statute of limitations, when a limitation period applies, it does not immediately begin to run. The period is tolled until the victim reaches 18 years of age or the violation is reported to a law enforcement agency or other governmental agency, whichever occurs earlier. Whether criminal charges qualify for extensions depends on case-specific facts. To learn if extensions apply to your case, consult with a Florida criminal defense lawyer.
Can Prosecutors File Criminal Charges After the Deadline?
Prosecutors may not file criminal charges after the applicable statute of limitations has expired, unless specific extensions apply. When prosecutors miss the deadline, the defense may file a motion to dismiss while at trial. If the trial court improperly denies this motion, the defense can appeal to a higher court through a petition for a writ of prohibition.
Prosecution cannot proceed if the higher court rules in favor of the defense. Should the higher court find that the time periods prescribed for the alleged crime have not passed, other defense options remain available. For example, courts can dismiss cases if the defense proves that the prosecution’s unreasonable delays caused prejudice against the defendant.
Why the Statute of Limitations Matters If You Are Under Investigation
Buda Law’s professional criminal defense attorneys work hard to build strong cases tailored to your unique situation. Knowing the limitations period can influence our defense planning. We carefully research each case to determine if the prosecution has pursued legal action in a timely manner. If we can prove the limitation period has passed or that the prosecution intentionally or unreasonably delayed the trial process, we can seek case dismissal. Alternatively, we may be able to argue for reduced charges that qualify for a shorter statute of limitations.
Speak With a Tampa Criminal Defense Lawyer About Time Limits
Attorney Andrew Buda and the Buda Law team have the legal knowledge and experience necessary to accurately evaluate whether criminal charges were brought in a timely manner. Our Florida criminal defense attorneys study each case carefully so we can protect your rights. We work quickly to conduct investigations before deadlines expire.Don’t wait to seek the legal support you need when facing criminal charges in Florida. Call Buda Law today at (813) 322-2832 or use our online contact form to schedule a free consultation.