The statute of limitations is the time limit for filing charges against the defendant. The general federal statute of limitations for felonies stand for the proposition that the government can no longer file criminal charges for an offense once 5 years has passed. The federal statute of limitations is 18 USC 3282. This statue states: Show Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed. . Purpose of the Statute of Limitations The main purpose of the statute of limitations is to keep defendants from having to defend themselves from charges that occurred so far into the past that it makes it impossible to properly defend oneself. In many of these cases, evidence may no longer be available, making it harder to defend oneself and prove one's innocence. It would violate the defendant's right to receive due process under the law and the right to receive a fair trial if a prosecution was to take place under those conditions The argument that the statute of limitations has run is a defense against a criminal charge, yet if it is not presented before a trial begins, the defendant likely has waived their right to use this as a defense. In order to successfully use the statute of limitations defense, it is necessary to show that the criminal complaint or indictment was filed after the 5 year period of the statute of limitations had run.* Exceptions to the Statute The statute of limitation does have exceptions. Federal law says that the general 5-year statute of limitations applies in every case unless there is a specific code section that extends the statute of limitations for that particular offense. For capital crimes, such as the capital murder, there is no statute of limitations (18 USC 3281). . Terrorism is also not subject to any statute of limitations where the offense caused death or serious bodily injury or harm (18 USC 3286). Sexual offenses against children also have no statute of limitations (18 USC 3283) . Many white collar crimes have their own statute of limitations. For example, an offense against the Internal Revenue Service is governed by 26 USC 6531 . Federal tax law states that charges for tax crimes such as tax evasion, 26 USC 7201 , failure to file a tax return, 26 USC 7203, must be filed within 6 years from the date of the offense. Major fraud against the United States has certain conditions for the statute of limitations. The charge of major fraud against the US is established by 18 USC 1031 and must involve at a minimum 1,000,000. A person guilty of an offense where he knowingly defrauds the federal government in any grant, contract, loan, federal assistance, etc. is subject to 10 years in federal prison. The statute of limitations for major fraud against the United States is 7 years from the date that the crime was committed. There are instances where the statute of limitations will be extended by the court after petition by the United States Attorney. These are some examples:
For Immigration offenses, federal law extends the statute of limitations from 5 years to 10 for the following offenses:
The statute of limitations for banks and other financial institutions is 10 years for the following offenses:
Conspiracy crimes have a very different statute of limitations in comparison with other crimes. For instance, in conspiracies prosecuted under 18 USC 371 involving a conspiracy to commit a federal offense or to defraud the United States, the statute begins to run on the date that the last act that was a part of the conspiracy was taken. The same applies to conspiracies to defraud the federal government by making fabricated claims under 18 USC 286 , and drug trafficking 21 USC 846 . What is the statute of limitations in Indiana?In Indiana, the statute of limitations on most civil cases, including negligence, personal injury, medical malpractice, wrongful death, and intentional torts (such as assault and battery) is two years, although certain exceptions can apply.
How long is the statute of limitations in Washington state?In Washington, there is a three-year statute of limitations for personal injury, injury to property, fraud, and trespass claims; but defamation claims only have a two-year limit. For Washington criminal charges, there is no limit for murder charges but a two-year statute of limitations for gross misdemeanors.
What is the statute of limitations on assault and battery in Massachusetts?The law provides victims with ample time to recover. A case involving assault and battery has a statute of limitations set at three years.
What is the statute of limitations in NC?Most states have different limits for different kinds of crimes, but North Carolina is unique in this regard. North Carolina's criminal statute of limitations is two years for most misdemeanors, and there is no statute of limitations for felonies or crimes classified as "malicious" misdemeanors.
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