What Is the Statute of Limitations and How Does It Affect Old Crimes

Have you ever wondered if someone can be arrested or prosecuted years after committing a crime? The answer depends on a legal deadline called the statute of limitations.

A statute of limitations sets the maximum time the state has to file criminal charges after a crime occurs or, in some cases, when it is discovered. This time limit protects a defendant’s right to a fair trial: as years pass, memories fade, witnesses move or pass away, and critical evidence can be lost or destroyed. Without a clear deadline, it would be nearly impossible to defend against accusations based on stale or unreliable information.

What Is the Statute of Limitations?

The statute of limitations is a law that sets a specific time limit within which legal action must be initiated in court. Once the time limit expires, prosecutors cannot file charges for that offense, even if a confession or new evidence surfaces years later. This rule aims to balance the victim's and society’s interest in justice with the accused’s right to a fair trial. It encourages prompt investigation while guarding against unreliable, decades-old claims built on faded memories or lost evidence. 

How the Statute of Limitations Works in Criminal Cases

The way time limits function varies depending on the jurisdiction, type of offense, and the legal process involved:

Jurisdictional Differences

There are variations in the statutes of limitations by state. For example, one state may allow only two years to prosecute certain misdemeanors, while another may allow five. Federal crimes follow separate federal time limits, which can be longer or shorter than state laws for similar offenses.

Legal Framework

While the statute of limitations sets a deadline for prosecutors to file charges, it is their responsibility to gather enough evidence and act before the deadline. Once charges are filed, the court must ensure the case meets legal requirements, including whether it was filed on time. If the deadline passes before charges are filed, the defendant can ask the court to dismiss the case. Judges may then review whether the limit has truly expired or if an exception paused or tolled the clock. If the court finds that the prosecution missed the deadline with no valid exception, the charges must be dismissed.

Crimes With No Statute of Limitations

Some crimes are so serious that the law does not impose a time limit on when charges can be filed. These offenses fall under the category of crimes that have no statute of limitations and typically include:

• Murder
• Terrorism that results in death, serious bodily injury, or widespread harm
• Treason
• Sexual offenses against minors

A notable example is the Golden State Killer case. In 2018, Joseph James DeAngelo was arrested for a series of murders and rapes committed in the 1970s and 1980s. His murder charges were still valid because California, like many states, has no statute of limitations for homicide, underscoring the enduring legal reach for the most egregious crimes.

Crimes With Long or Standard Time Limits

Time limits for prosecution depend on the offense. Common time limits include:

Felonies

Felonies usually have longer statutes of limitations. In most states, prosecutors have 3 to 10 years to file charges for felony crimes. For example, violent felonies such as armed robbery, kidnapping, or aggravated assault often allow 5 to 10 years for prosecution. Some non-violent felonies, like grand theft or burglary, may have a limit closer to 3 to 6 years, depending on state law.

Misdemeanors

Misdemeanors are less severe crimes, so the window is usually shorter, typically 1 to 3 years.

Examples include petty theft, simple assault, or minor drug possession.

Special Cases 

Some crimes, like fraud, embezzlement, or tax evasion, are harder to detect right away. These crimes often stay hidden for years and may only come to light after audits or whistleblower reports. For this reason, many states have “discovery rules” that pause the clock until the crime is discovered (or should reasonably have been found), not when it happened. After discovery, prosecutors typically have 3 to 7 years to file charges, depending on the state.

When Does the Time Limit Start?

When asking how long after a crime you can be charged, the answer often depends on the nature of the offense and when it was discovered. In most cases, the statute of limitations begins on the date the crime was committed, meaning prosecutors must file charges within a specific number of years from that point.

However, not all crimes are immediately uncovered. Many states follow a “discovery rule,” which starts the clock when the crime is discovered or when it reasonably should have been discovered. For example, if someone falsifies financial records and auditors find the fraud five years later, the time limit to prosecute may begin from the date of discovery rather than the date of the offense.

Special provisions apply in cases involving child victims. In many jurisdictions, the statute of limitations is paused—or "tolled"—until the victim turns 18 or comes forward, acknowledging that trauma may prevent timely reporting. These exceptions help ensure justice is still possible even years after the crime occurred.

What Stops or Pauses the Statute of Limitations?

The law tolls the statute in certain situations, thereby temporarily pausing the clock. Common tolling examples may include:

• Flight from the jurisdiction: If a suspect leaves the state or country to avoid arrest or charges, the clock usually pauses for as long as they are gone. For example, if a suspect commits a felony and disappears for three years, those years usually do not count toward the time limit.
• Victim is a minor: Many states pause the clock for crimes like child sexual abuse until the victim turns 18 or reports the offense.
• Fraud or concealment: Tolling can also apply when the crime was concealed in a way that makes discovery impossible. For example, in complex fraud cases, the time limit may be paused until the fraud is discovered or reasonably should have been discovered.
• Mental incompetence: If the accused is mentally unfit to stand trial, the trial can be paused until they are competent.
• War or disasters: Courts may also toll the statute if large-scale events prevent legal proceedings.

Can the Statute of Limitations Be Extended?

Lawmakers can extend statutes of limitations for certain crimes, especially if public pressure or new awareness shows that victims often need more time to come forward. A major area of reform has been sexual assault.

Is there a statute of limitations on sexual assault? 

In recent years, particularly following the #MeToo movement, many states have taken steps to extend or eliminate time limits for serious sexual offenses. For example, California removed the statute of limitations on sexual assault for certain felony sex crimes in 2016, a reform prompted in part by the Bill Cosby case, which highlighted how long survivors may wait before coming forward. Similarly, New York enacted the Child Victims Act in 2019, extending time limits and creating a temporary window that allowed victims to file claims for past abuse, regardless of how long ago it occurred.

However, changes to these laws are limited by the U.S. Constitution’s Ex Post Facto Clause, which prohibits the retroactive application of criminal laws. This means that new laws extending or abolishing the statute of limitations generally cannot be used to revive charges in cases where the original time limit has already expired. As a result, such reforms mainly benefit cases still within the legal time frame when the new law took effect.

What Happens If the Time Limit Expires?

Once the statute of limitations runs out, prosecutors usually cannot file charges for that offense. If they try, the defense may file a motion to dismiss, arguing the case is time-barred. If the court agrees, the charges must be dropped, but this defense must be raised before trial, or the right to claim it can be lost.

For victims, an expired statute may feel unfair, especially in cases like sexual abuse where reporting is often delayed. While criminal charges may no longer be possible, some states allow civil lawsuits through special “look-back windows” that reopen old claims for a limited time. Civil suits cannot lead to jail time, but can provide financial compensation and accountability.

Can You Be Charged Years Later?

Whether you can be charged years after a crime depends entirely on whether the statute of limitations still allows it or if an exception applies. In general, if a crime has no statute of limitations, such as murder, certain terrorism offenses, or war crimes, a suspect can be charged and prosecuted no matter how much time has passed. Some states have also removed time limits entirely for specific sexual assault cases, especially those involving DNA evidence or offenses against minors. Even for crimes that usually have a time limit, charges may still be possible years later if the statute of limitations was paused or tolled.

However, if the statute of limitations has fully expired and no tolling rules apply, prosecutors generally cannot move forward with charges. Any charges filed after the deadline may most likely be dismissed if the defense raises the issue in court.

Recent Legal Trends and Case Examples

Laws around statutes of limitations change as society demands better access to justice, technology advances, and old cases reveal gaps in outdated rules. Two of the biggest drivers of change recently are reforms to sexual assault laws and breakthroughs in forensic technology that help solve cold cases.

Reforms in Sexual Assault Laws

One of the most significant shifts has been the push to extend or remove the statute of limitations on sexual assault. Many states have reformed these laws in response to the #MeToo movement and headline-making cases that showed how narrow time limits left some offenders unpunished. For example, California removed the statute of limitations for certain felony sex crimes after the allegations against Bill Cosby highlighted how victims can take decades to come forward. 

Similarly, New York passed the Child Victims Act, which temporarily lifted time limits so survivors of childhood sexual abuse could file civil lawsuits for claims that would otherwise have been dismissed under older laws. These changes recognize that survivors often need years or decades before they feel safe enough to speak out and that modern forensic evidence can still support a case long after the crime occurred.

Impact of Technology (DNA Evidence)

New forensic tools, especially advanced DNA testing, have revolutionized how old crimes can be solved and prosecuted. Cold cases once thought impossible to close are now reopened when DNA matches link a suspect to decades-old evidence. In many states, the discovery of New evidence can either reset the statute of limitations under "discovery rules" or act as a legal exception, allowing prosecutors to file charges beyond the standard time frame. An example is the Golden State Killer case, where Joseph James DeAngelo was arrested in 2018, more than 40 years after his crimes, when modern DNA techniques connected him to murders and rapes from the 1970s and 1980s.

What To Do If You Are Concerned About Past Crimes

If you are worried that something you did years ago might still lead to criminal charges, you may take the following steps: 

Contact a Criminal Defense Lawyer: Only a licensed lawyer can give you legal advice about whether you could still face charges, whether any statute of limitations has run out, and how tolling rules might apply.

Review Local Statutes: Statutes of limitations vary depending on your state and the type of crime involved. You should take time to look up the rules in your state for the offense you are concerned about. Many state court or legal aid websites provide up-to-date information on the current time limits for different crimes.