West Virginia Criminal Statute of Limitations

Statute: §§61-11-1 et seq.

Summary: The following sets forth a description of a particular crime or infraction, followed by the time period following such crime within which a legal action can be initiated in West Virginia.  If action is not taken within the stated period below, the victim may potentially lose its right to press charges and the state may no longer be entitled to prosecute:

Felonies:

• In West Virginia, no Statute of Limitations has yet been established for Felonies.  This means that anyone who commits a Felony may be prosecuted for it, no matter how much time has lapsed since the incident.

Misdemeanors:

• Petty larceny or perjury: 3 years
• Others: 1 year

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