In the criminal justice system, statutes of limitations set the amount of time the government has to prosecute people. If the government doesn’t file charges within the designated time period, the defendant can hold up the statute of limitations as a complete defense.
Read on to learn about criminal statutes of limitations in Georgia.
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 Georgia, 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 children or elderly 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.
How Do Statutes of Limitations Work in Georgia?
A defendant who believes the statute of limitations has expired must raise the issue and ask the court to dismiss the criminal charges. In Georgia, defendants often raise a statute of limitations defense before trial in a procedure known as a “plea in bar.” Once raised, the burden is on the prosecution to prove the charges were timely filed. Should the defendant succeed, the judge must dismiss the charges. (Brooks v. State, 880 S.E.2d 226 (Ga. Ct. App. 2022).)
When Do Statutes of Limitations Start to Run in Georgia?
The question then becomes how one knows the limitations period has expired—when exactly does the clock start and stop? In Georgia, the clock typically starts to run when the crime is committed and stops upon the filing of the indictment or charges. But several exceptions exist to this rule as described next.
Elderly victims. For crimes committed against victims age 65 or older, the clock starts after the crime is reported or discovered. The law also lengthens the limitations period to 15 years unless the limitations period is already longer.
Excluded periods. Some events “toll”—or pause—statutes of limitations, giving the prosecution more time. Georgia law allows the clock to pause whenever the accused absconds by leaving the state or the suspect or crime is unknown. Also, in certain theft crimes involving government employees or a guardian or trustee, the clock doesn’t run while the suspect remains in that fiduciary role.
(Ga. Code §§ 17-3-1 to 17-3-3 (2026); Danuel v. State, 418 S.E.2d 45 (Ga. 1992).)
What Are the Statutes of Limitations for Crimes in Georgia?
Below are examples of Georgia’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. Legislators can also change statutes of limitations, which means older crimes might have different limitation periods.
A knowledgeable lawyer can explain the precise rules, along with the way they apply to you.
Felonies and Misdemeanors
Georgia, like many states, sets time limits for a number of specific crimes (like forcible rape). For crimes that don’t have a specific statute of limitations, the law creates a default.
In Georgia, these default statutes of limitations are:
- seven years for felonies punishable by death or life imprisonment
- seven years for felonies committed against children
- four years for most other felonies, and
- two years for misdemeanors.
Crimes With No Statutes of Limitations
Georgia allows certain crimes to be prosecuted at any time. These include:
- murder
- certain crimes committed against victims younger than 16 (such as rape, sex trafficking, and child molestation), and
- a list of crimes where DNA evidence identifies the suspect (including armed robbery, rape, kidnapping, and sexual battery).
Examples of Georgia’s Criminal Statutes of Limitations
Below are examples of statutes of limitations for specific crimes. Most carry the default limitations period.
Getting Help
Georgia’s statutes of limitations are fairly short compared to other states, yet they don’t start to run if the crime or suspect is unknown—which gives the prosecutor some breathing room. 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.