West Virginia Criminal Statute of Limitations

Below are the statutes of limitation for criminal cases in West 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.

W. Va. Code § 61-11-9

Committing or procuring another person to commit perjury: within three years

Misdemeanor: within one year

West Virginia does not have a statute of limitations for felonies.  

(See, e.g., Alan L. Adlestein, Conflict of the Criminal Statute of Limitations with Lesser Offenses at Trial, 37 Wm. & Mary L. Rev. 199 (1995), http://scholarship.law.wm.edu/wmlr/vol37/iss1/10;

Back to State Criminal Defense Statutes

Talk to a Lawyer

Start here to find criminal defense lawyers near you.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
DEFEND YOUR RIGHTS

Talk to a Defense attorney

We've helped 95 clients find attorneys today.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you