Arizona Criminal Time Limitations
“If you are arrested for an Arizona crime, in which the time limitation has expired for that crime, your AZ Criminal Defense Attorney may have a compelling defense that could lead to dismissal of your criminal charges.”The Meaning of Arizona Criminal Time Limitations
“Arizona Criminal Time Limitations” relate to the maximum limit of time the State of Arizona has to bring forth criminal charges against a suspect. (This is not to be confused with the time limits for "Speedy Trial Rights".) If you are charged or arrested for an Arizona crime, in which the time limitation has expired for that crime, your Arizona DUI or criminal defense lawyer may be able to present a compelling argument in your defense that could lead to a dismissal of those Arizona criminal charges.Arizona Criminal Time Limitations Differ by Types of Crime
Arizona Criminal Time Limitations can be differentiated In Arizona, the time limits for criminal cases may be simplified or broken down into three general categories: 1) Arizona criminal Misdemeanor charges; and 2) Arizona Felony charges; 3) Serious or violent crimes against a victim which are usually classified as felonies.
- Misdemeanors: Generally the state has one year to bring misdemeanor charges against a person in Arizona.
- Felonies: Arizona prosecutors have seven years to file felony criminal charges against a person.
- Serious or violent Crimes against a victim: There are specific Arizona criminal cases that have no time limitations such as homicide or violent sexual assault. These crimes are listed in the Arizona Statutes and are in most cases felonies. These types of crimes have no Criminal Time Limitations for which charges may be brought against a suspect.
Note: Exceptions exists for both Arizona felony cases and misdemeanor charges. Such exceptions may allow for an extension of the time for the prosecution to bring formal criminal charges against a suspect: One example of a justified exception for the prosecution would be if the suspect cannot be located within Arizona, or has left the State.Arizona Laws – Criminal Time Limitations
Arizona Revised Statutes § 13- 107 Arizona Criminal Time Limitations that relate to the maximum time allowed for criminal charges to be brought, read in part as follows:
“13-107. Arizona Criminal Time limitations
- A prosecution for any homicide, any offense that is listed in chapter 14 or 35.1 of this title and that is a class 2 felony, any violent sexual assault pursuant to section 13-1423, any violation of section 13-2308.01, any misuse of public monies or a felony involving falsification of public records or any attempt to commit an offense listed in this subsection may be commenced at any time.
- Except as otherwise provided in this section, prosecutions for other offenses must be commenced within the following periods after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs:
- 1. For a class 2 through a class 6 felony, seven years.
- 2. For a misdemeanor, one year.
- 3. For a petty offense, six months.
- For the purposes of subsection B of this section, a prosecution is commenced when an indictment, information or complaint is filed.
- The period of limitation does not run during any time when the accused is absent from the state or has no reasonably ascertainable place of abode within the state.
- The period of limitation does not run for a serious offense as defined in section 13-706 during any time when the identity of the person who commits the offense or offenses is unknown.
- The time limitation within which a prosecution of a class 6 felony shall commence shall be determined pursuant to subsection B, paragraph 1 of this section, irrespective of whether a court enters a judgment of conviction for or a prosecuting attorney designates the offense as a misdemeanor.
- If a complaint, indictment or information filed before the period of limitation has expired is dismissed for any reason, a new prosecution may be commenced within six months after the dismissal becomes final even if the period of limitation has expired at the time of the dismissal or will expire within six months of the dismissal.”
If you are faced with Arizona DUI or criminal charges, you should contact the Law Office of James Novak for a free consultation regarding your matter. There may be defenses and rights you are not aware of including Arizona Criminal Time Limitations that can be used to build a defense to challenge the charges. Due to the complexities and the exceptions of Arizona criminal cases and its applicable time limitations issues, it is recommended that you speak with an experienced Arizona criminal defense or DUI lawyer.
James Novak, Attorney at Law is a Maricopa County criminal defense and DUI defense Attorney and former prosecutor. He is an experienced trial lawyer with proven results. He will evaluate your criminal charges to determine what defenses and rights apply for which he can build a solid and effective defense case on your behalf.
The Law Office of James Novak practices only in DUI and criminal defense in Maricopa County and defends clients with charges in Phoenix valley-wide including: Phoenix, Mesa, Tempe, Chandler, Gilbert, and Scottsdale Arizona. Call today for your free consultation with experienced DUI & criminal defense lawyer (480) 413-1499.
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