In the criminal legal system, statutes of limitations set the amount of time the government has to start prosecutions. If a government prosecutor doesn’t file criminal charges within the designated time period, the defendant can hold up the statute of limitations as a complete defense and ask the judge to dismiss the charges.
What Are Criminal Statutes of Limitations?
Criminal statutes of limitations are designed to promote justice and protect would-be defendants from having to defend against stale claims. In many criminal cases, the more time that passes, the less reliable evidence becomes—witnesses’ memories fade, witnesses die or move, or evidence might be lost or destroyed. Having time limits for starting and pursuing a criminal case furthers the goal of ensuring fair and just trials.
However, legislators in many states, including Arizona, have decided that some crimes are so serious that they should be tried at any time or certain situations warrant longer time limits. In this respect, limitation periods are usually longer for felonies than for misdemeanors. Crimes against child victims often have longer time limits or the law delays when the time limit starts. And some crimes—most notably, murder—typically don’t have statutes of limitations, meaning the government can charge someone with the offense no matter how long ago it allegedly happened.
What Are the Statutes of Limitations for Criminal Cases in Arizona?
Below are examples of Arizona's criminal statutes of limitations. Keep in mind that the following is a partial list with broad overviews, and the circumstances of the crime can change how the law is interpreted. For instance, the limitations period might be longer when the victim is a child or the suspect is unknown for a serious offense. (More on how statutes of limitations work can be found after the chart.)
A knowledgeable lawyer can explain the precise rules, along with the way they apply to you.
Felonies and Misdemeanors
Arizona, unlike many other states, sets very few specific limitations periods. Most crimes fall under the default limitations periods.
In Arizona, the default statutes of limitations are:
- seven years for felonies, and
- one year for misdemeanors.
Examples for Specific Crimes
Below are examples of statutes of limitations for specific crimes. Most carry the default limitations period, while a few reflect longer time periods based on the severity of the offense.
How Do Criminal Statutes of Limitations Work in Arizona?
A defendant who believes the statute of limitations has expired must ask the court to dismiss the criminal charges. Not raising this defense effectively waives it. On the other hand, if the defendant successfully raises a statute-of-limitations defense, the case can’t continue on those charges and the defendant is essentially in the clear (unless charges can be brought in another state or federal court).
The question then becomes how one knows the limitations period has expired—when exactly does the clock start and stop? In Arizona, the clock starts to “run” either:
- upon discovery of the crime by officials, or
- when officials should have discovered the crime using reasonable diligence in an investigation.
If the crime is a “serious offense,” the clock doesn’t start until the suspect’s identity is known. Serious offenses include manslaughter, aggravated assault with a deadly weapon, armed robbery, and any dangerous crime against a child, among others. (Ariz. Rev. Stat. § 13-706 (2026).)
Some events “toll”—or pause—statutes of limitations, giving the prosecution more time. For example, if the statute of limitations for a crime is seven years and the suspect goes into hiding for a year—during which the statute is tolled—the prosecution may well have eight years from the date of the crime to prosecute.
Getting Help
Statutes of limitations can get knotty. In Arizona, knowing when the limitations period starts can be difficult to determine. Or, sometimes, the statute of limitations could expire for one crime but leave the defendant open to prosecution for another—or for prosecution in an entirely different jurisdiction. Not only that, but other timing issues can come into play in criminal cases—for instance, the right to a speedy trial.
Make sure to consult an experienced criminal defense attorney if you want to know about any timing issues that apply to your situation, including how to raise the statute-of-limitations defense.