Statutes of Limitations for Crimes in New York City
For Terrazas Law
6
/25
Jul
Statutes of Limitations for Crimes in New York City
What Are Statutes of Limitations?
A statute of limitations sets a legal deadline for when criminal charges must be filed. Once that time expires, prosecutors are generally barred from pursuing the case. These time limits are intended to ensure fairness by preventing prosecutions based on stale evidence, faded memories, or lost records. While the rules vary based on the severity of the offense, the statute of limitations is a fundamental aspect of how New York’s criminal justice system operates.
When Time Runs Out, So Does the State’s Authority to Charge
Time Limits Depend on the Type of Offense
In general, the more serious the crime, the longer the window for prosecutors to bring charges. Most misdemeanors must be prosecuted within two years, while lesser violations may have only a one-year limit. Felonies typically allow for a five-year prosecution period, though certain serious offenses especially those involving violence or harm to vulnerable individuals may have no time limit at all. These cases can be pursued regardless of how much time has passed since the alleged conduct occurred.
Exceptions That May Extend the Timeframe
There are several exceptions that can pause or extend the statute of limitations. For instance, if the accused individual leaves the state for an extended period, the clock may stop until they return. In some cases, the time limit may not begin until the alleged offense is discovered particularly in matters involving ongoing fraud, concealment, or abuse of trust. These factors can significantly impact whether a charge is considered timely.
Why Statutes of Limitations Matter in Criminal Defense
Whether a case can still be prosecuted is not always a straightforward question. Mistaken assumptions about the timing of an offense or incorrect application of an exception can lead to avoidable legal consequences. If a case is time-barred, it may be subject to dismissal, regardless of the underlying facts. That’s why an early, accurate review of the timeline is a critical part of any defense strategy.
Experience the absolute highest standard!
At Terrazas Law, we help clients evaluate whether the statute of limitations may apply in their case. We assess the history of the alleged conduct, analyze relevant timelines, and raise appropriate challenges when a prosecution appears untimely. In some cases, this can lead to early dismissal or prevent charges from being filed altogether. Understanding your exposure under the law begins with knowing whether time is still on the state’s side.
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