Below are the statutes of limitation for criminal cases in Virginia which set forth the time periods within which a legal proceeding must be commenced. If the state fails to bring a case within the specified time period, it loses its right to prosecute for that crime forever. 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.
Va. Code Ann. § 19.2-8 et seq.
Offenses:
Murder or manslaughter: no limits
Misdemeanors: within one year
Petit larceny: within five years
Attempt to produce abortion: within two years
Practicing law without being authorized or licensed: within two years of the discovery of the offense
Placement of children for adoption without a license: within one year from the date of the filing of the petition for adoption
Making a false statement or representation of a material fact knowing it to be false or knowingly failing to disclose a material fact, to obtain or increase any benefit or other payment under the Virginia Unemployment Compensation Act: within three years
Violation of certain statutes regarding discharge, dumping or emission of any toxic substance: within three years
Certain Building Code violations: within one year of discovery of the offense (see VA Code Ann. § 19.2-8 for conditions)
Certain professional/occupational misdemeanors: within one year of the discovery of the offense, but not later than five years from occurrence of the offense
See VA Code Ann. § 19.2-8 for other limitations
Tolling provisions
Time limits to prosecution do not apply to people fleeing from justice or concealing themselves inside or outside of the state of Virginia to avoid arrest
