Arizona Laws That Don’t Have Statutes of Limitations

Most charges have a statute of limitations, or a specific time limit for prosecution. Statutes are in place not only to encourage prosecutions to be brought before key evidence grows old and witness memories fade, but also to protect defendants from unfair prosecution based on evidence and reasoning that have diminished over time.

Almost all civil torts and many criminal infractions have a statute of limitations for this reason, with varying timeframes typically based on the seriousness of the offense. Prosecutors generally only have one year to prosecute a misdemeanor in Arizona, while felonies carry longer limitation periods, with most having a seven-year window for legal action.

Not all crimes have a statute of limitations. Some are considered so severe that lawmakers allowed them to be prosecuted indefinitely.

Murder

One notable category exempt from such limitations is murder in most forms. First-degree, second-degree, manslaughter, and conspiracy to commit murder do not have a statute of limitations. The only exceptions are deaths caused by a hit-and-run, which can vary from a seven-year limit to as little as a two-year limit in Arizona.

Sexual Violence

While most sex offenses ranging from class 3 to 6 felonies have a statute of limitations, any class 2 sex crime, such as a sexual assault or violent sexual assault, or a sexual crime committed against children younger than 15 have no time limit. More specifically, charges such as child molestation, child sexual abuse, child sexual exploitation, child pornography and child sex trafficking can be prosecuted indefinitely.

The charges are typically aggravated if the victim is younger than 15. The lack of a time limit for these charges works to protect children who may be hesitant to come forward immediately or victims who come forward in adulthood, allowing them to disclose the abuse when they are physically or psychologically capable of doing so, without a time limit.

Serious Felonies

Arson, terrorism and  unlawful use of infectious biological substance or radiological agent have no statute of limitations. Although most drug offenses are prosecutable for seven years, if an individual was significantly injured or killed, then charges can potentially be brought indefinitely.

The statute of limitations is also paused while the accused is out of state, or for a serious offense, during the period when the identity of the accused is unknown.  

How Can Serious Crimes Still Be Prosecuted Effectively a Decade or More After They Were Committed?

Forensic technology has made it so that evidence can still be gathered effectively even if years or decades have passed since the crime was committed. Although some crimes, such as murder, have no statute of limitations, others, such as the statute of limitations for some sexual assault crimes, have been changed as societal priorities and technology have evolved.

Modern investigative tools make it much more likely that perpetrators can be identified a decade or more after a crime has been committed. However, the quality of evidence or the lack of corroboration could still raise legitimate questions that arise to the level of reasonable doubt.

What Should You Do If You're Charged With a Crime That Doesn't Have a Statute of Limitations?

If you’ve been charged with a crime that doesn’t have a statute of limitations, you can face brutal legal prosecution at any point, putting your life, work, and reputation at risk. If you’re being charged with a crime that happened many years ago, finding an experienced and aggressive attorney to defend you is certainly in your best interest.

No matter what you’re being charged with – regardless of the severity – Arizona board-certified criminal defense attorney Michael Alarid III will build a compelling defensive strategy on your behalf. He’s fought similar cases and will fiercely defend your rights with zealous legal representation.

Our Criminal Defense Attorney Fights for the Rights of Phoenix Residents

Criminal prosecution has the potential to do irreparable damage to your life and reputation. Reputational harm is a particularly common concern for law-abiding individuals accused of a crime that allegedly happened a decade or more in the past.

Your side of the story deserves to be heard, and we’re here to listen and turn our undivided attention toward your case. Arizona board-certified criminal defense attorney Michael Alarid III is ready to support you and will aggressively pursue an ideal case outcome while keeping you informed and involved through every step of your case’s proceedings.

Call (602) 818-3110 or complete our online form to schedule a free consultation today.