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 period, the defendant can hold up the statute of limitations as a complete defense.
What Are Criminal Statutes of Limitations?
Criminal statutes of limitations are designed to protect would-be defendants. A defendant who successfully raises a statute-of-limitations defense is in the clear on that crime. The judge must dismiss the charges. It doesn't matter if the defendant is guilty or not. Among the rationales for such a result are that it’s harder to defend oneself when a lot of time has passed and it’s not fair to punish someone for behavior that happened a long time ago.
However, lawmakers in many states, including Virginia, have decided that some crimes are so serious that they should be tried at any time or certain situations warrant longer time limits. In Virginia, lawmakers have decided felonies are serious crimes that may be charged at any time. Misdemeanors, on the other hand, must be charged within one to five years’ time, depending on the offense.
How Do Criminal Statutes of Limitations Work in Virginia?
A defendant who believes the statute of limitations has expired must raise the issue and ask the trial court to dismiss the criminal charges. Virginia courts have held that statute of limitation protections are not self-operative—not raising the defense is the same as waiving it.
When Do Criminal Statutes of Limitations Start to Run in Virginia?
The question then becomes how one knows the limitations period has expired—when exactly does the clock start and stop? In Virginia, 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.
Misdemeanor sex offenses; child victim. For a misdemeanor sex crime committed against a child, the one-year clock starts after the child turns 18. If the defendant was more than three years older than the victim when the offense happened, the limitations period is five years after the victim turns 18.
Discovery of offense. The clock doesn’t start to run on certain invasion of privacy, business, and professional licensing crimes until after the discovery of the crime.
Avoiding arrest. Some events “toll”—or pause—statutes of limitations, giving the prosecution more time. Virginia law allows the clock to pause whenever the accused tries to avoid arrest by fleeing from justice or concealing oneself, whether they remain in the state or abscond to another state.
What Are the Statutes of Limitations for Crimes in Virginia?
Virginia has a default limitations period that applies to misdemeanors when a more specific time period doesn't exist. And, for felonies, the law doesn't provide any limitations period—meaning felonies can be prosecuted at any time.
General Time Limits in Virginia
- Misdemeanors: one year
- Felonies: no time limit
Examples of Virginia's Criminal Statutes of Limitations
Below are examples of Virginia’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.
Getting Legal Help
Statutes of limitations can get knotty. 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. Even if the time limit has expired, the prosecution can still file charges against the defendant, and the case will move forward unless the defendant asserts the defense.