Ohio Criminal Statute of Limitations

Related Ads

Talk to a Criminal Defense Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

Below is a summary of the statute of limitation periods for criminal cases in Ohio. Statutes of limitations set forth the time period within which the state must commence a case for a crime. If the state tries to bring an action against someone after the applicable time period has passed, the person charged can have the case dismissed. In general, violent crimes have a longer statute of limitations, and with some crimes there is no statute of limitations. In certain instances, the statute of limitations may be tolled, or suspended, which grants the state additional time to commence a legal action.

Ohio Rev. Code Ann. 2901.13

Murder: no statute of limitations

Felony: six years

Misdemeanor (except a minor misdemeanor): 2 years

Minor misdemeanor: 6 months

Involuntary and voluntary manslaughter; kidnapping; rape; sexual battery; unlawful sexual contact with minor; gross sexual imposition; compelling prostitution; aggravated arson; treason; nuclear and chemical weapon violations; robbery; burglary; inciting a riot; felonious or aggravated assault; assault against a police officer; or conspiracy or attempt to commit any of above: 20 years

Fraud or breach of fiduciary duty:  1 year after discovery

Identity fraud:  5 years after discovery

Misconduct by public servant: anytime while person remains in office or 2 years thereafter (same for someone who assists in misconduct by public servant)

Abuse or neglect of child under 18 or of mentally retarded, developmentally disabled, or physically impaired child under 21: when victim reaches age of majority, or when public agency has been notified

Tolling Provisions

The period of limitation does not run during any time that:

  • evidence remains undiscovered
  • the accused purposely avoids prosecution (leaves the state or conceals identity or whereabouts)
  • a prosecution against the accused based on the same conduct is pending in the state

Back to State Criminal Defense Statutes

Talk to a Defense Lawyer

Charged with a crime? Start here to find a lawyer.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Choose attorneys to contact you
LA-NOLO2:DRU.1.6.2.20140917.28520