When you are accused of committing a crime, the police and prosecutors cannot sit on the case forever. They have a limited time to come forward and charge you with the crime, getting the case against you moving. If they violate this time limit – the “statute of limitations” – then the court has no authority to hear the case and must dismiss it.
Some specific charges have specific statutes of limitations attached to them. Otherwise, statutes of limitations for criminal charges are based on the level of charge: most felonies get 4 years, most misdemeanors get 2 years, and most infractions get 1 year. Some charges – such as murder – have no statute of limitations, and other rules dictate how these limitations periods are measured and decided.
For help with your case, call Overson & Bugden’s Salt Lake City, UT criminal defense attorneys today at (801) 758-2287.
What is a Statute of Limitations?
When we say “statute of limitations,” we refer to an actual statute that puts limitations on when the case can be charged. We also use this to refer to the time limit itself.
The period of time a statute of limitations gives is called the “limitations period.”
When Does it Start Running?
In most cases, the limitations period starts running on the date the crime is committed.
Some cases are complex because when the criminal act is “completed” can change depending on when the harm is completed. For example, if someone mails someone a threatening letter, and it gets lost in the mail and arrives 6 months after it is sent, the crime is not completed until the victim actually reads the letter. The statute of limitations would typically run from the date they read it, not the date they mailed it (though other charges for misuse of the mail might be charged sooner).
Ongoing Crimes and Repeat Actions
Some crimes are ongoing, such as receiving stolen property. This crime is continually committed every day the defendant continues to possess the stolen property, so the limitations period never truly starts running and can be charged any time while it is still happening.
Some cases also involve repeat actions, such as child abuse. These crimes would be chargeable after the first instance, but the statute of limitations does not start running until the last instance or event.
Tolling
In some cases, the statute of limitations is paused or delayed from running. This is usually based on specific laws. One major example is that the statute of limitations is paused from running for any time the defendant is out of state.
What Has to Be Done Within the Statute of Limitations?
The case has to be charged within the time limit, meaning one of these must happen in time:
- Issuing a citation
- Filing a complaint or information in court
- A grand jury indictment.
Statute of Limitations on Felonies
Felonies generally have a longer statute of limitations.
What Constitutes a Felony?
Felonies are any crime that has a potential penalty of over a year. This doesn’t mean that the statutory minimum sentence is over a year, but rather that the maximum penalty is 1 year or more.
Examples often include serious burglary cases, aggravated assault, rape, and high-dollar theft offenses.
What is the Statute of Limitations?
The statute of limitations for most felonies in Utah is 4 years.
Statute of Limitations on Misdemeanors
Misdemeanors have a shorter statute of limitations, requiring quicker action on the part of police and prosecutors.
What Constitutes a Misdemeanor?
A misdemeanor is any crime with a potential penalty of under a year. In Utah, this is quite literal, as the maximum penalty for most high-level misdemeanors is 364 days.
Examples include simple assault, minor drug possession charges, and many DUI charges.
What is the Statute of Limitations?
Most misdemeanor charges must be filed within 2 years.
Statute of Limitations on Infractions
Minor offenses – similar in severity to traffic tickets, but for non-driving conduct – are called “infractions” in Utah.
What Constitutes an Infraction?
An infraction is essentially any charge that doesn’t fit into the misdemeanor or felony category. Usually, they have fines only, plus potential community service.
Some instances of disorderly conduct and public urination are infractions.
What is the Statute of Limitations?
The police get 1 year to charge infractions.
Crimes with No Statute of Limitations
Utah Code § 76-1-301 lists crimes that have no statute of limitations, and can be charged any time after they are committed:
- Murder
- Manslaughter
- Certain other homicide/killing offenses
- Aggravated kidnapping
- Child kidnapping
- Child sexual abuse offenses
- Predicate offenses committed in conjunction with aggravated murder (e.g., burglary to break into a house to kill someone)
- Female genital mutilation
- Human trafficking offenses
- Child prostitution charges.
Special Statutes of Limitations
Some other crimes are listed outside of the regular statutes of limitations for felonies (4 years), misdemeanors (2 years), and infractions (1 year) and get special statutes of limitations:
- Crimes by habitual offenders can be commenced any time if the offender is unknown, but DNA evidence would later ID them, as long as this was done before May 5, 2003.
- Forcible sexual assault or incest can be charged within 8 years if the offense was reported to police within 4 years.
- Charges for unlawfully marrying a minor or transporting a minor out of state/traveling out of state for illegal marriage can come within 15 years of the victim’s 18th birthday.
Additionally, charges involving fraud or breach of fiduciary obligations can be filed within 1 year of the fraud being discovered, even if they are past the statute of limitations.
Lesser-Included Offenses
Some crimes involve “lesser included offenses,” and the jury can find the defendant guilty of the lesser crime even though they were charged with the more serious form of the crime. If this happens, the charges are still allowed, even if the lesser-included offense should have had a shorter statute of limitations.
What Happens if a Criminal Case is Filed After the Statute of Limitations?
If the case against you is filed too late, we can file a motion to dismiss. The judge, not the jury, is the one to decide the facts about the timing. It does not need to go to the jury to decide.
The court can also determine “sua sponte” (on its own) that a case is filed too late, since the judge would not have jurisdiction to hear the charges and must dismiss the case.
Call Our Criminal Defense Lawyers in Utah Today
For help with your charges, call Overson & Bugden’s Provo, UT criminal defense attorneys for a free case review at (801) 758-2287