Statute of Limitations in Florida
The Statute of Limitations sets the maximum time period in which a criminal prosecution can be commenced. If the prosecution is not commenced within the time period, the charges are subject to being dismissed.
The reasoning behind the Statute of Limitations is that the more time that passes, the more difficult it would be to locate witnesses, gather evidence, or remember events.
In Florida, a person only needs to be notified within the statutory time period that formal criminal charges have been filed to satisfy the Statute of Limitations. There is no requirement that a person actually receive a trial within the statutory time period.
Tolling of Statute of Limitations
In Florida, the Statute of Limitations is tolled (meaning it does not run) during any time that a person is continuously absent from the state or has no reasonably ascertainable residence or place of employment within Florida.
In Florida, the Statute of Limitations is tolled during any time that a person is continuously absent from the state.
Statute of Limitations Time Periods
Below are the general Statute of Limitations time periods for felony and misdemeanor criminal offenses in Florida.
However, certain crimes have no Statute of Limitation, and for other crimes there are offense specific limitation periods that supersede the general Statute of Limitations.
Felony Statute of Limitations
| Offense Designation | Time Limitation |
|---|---|
| 3rd Degree Felony | 3 years |
| 2nd Degree Felony | 3 years |
| 1st Degree Felony | 4 years |
| Life Felony | None |
| Capital Felony | None |
Misdemeanor Statute of Limitations
| Offense Designation | Time Limitation |
|---|---|
| 2nd Degree Misdemeanor | 1 year |
| 1st Degree Misdemeanor | 2 years |
Offense Specific Statute of Limitations
| Offense Designation | Time Limitation |
|---|---|
| Violation of Probation: | None |
| Any Theft Offense: | Five Years |
| Abuse, Neglect, and Exploitation of Elderly or Disabled Adults | Five Years |
Contact Criminal Defense Lawyer Richard Hornsby
If you or a loved one have been arrested on an old criminal accusation, contact Criminal Defense Lawyer Richard Hornsby to assist you in challenging the prosecution based upon Florida’s Statute of Limitations.
The initial consultation is free and I am always available to advise you on the proper course of action to take.