Statutes of limitations set time limits for prosecutors to file criminal charges in a case.
In most circumstances, the government has a limited amount of time to charge someone with a crime. Failing to file charges within the time limits—called "statutes of limitations"—can result in the case being dismissed. Read on to learn about North Carolina's statutes of limitations for several types of offenses.
What Are Criminal Statutes of Limitations?
Statutes of limitations set time limits for the government to bring criminal charges in a case. Say someone committed petty larceny on January 1, 2025. The prosecutor would generally have two years to file criminal charges from the date the theft occurred. If the prosecution charges someone after the applicable time period has passed, the person charged can have the case dismissed.
What Are North Carolina's Statutes of Limitations for Felonies?
In North Carolina, felony crimes have no statutes of limitations—meaning a felony criminal case can be filed at any time. Felony crimes can be violent offenses such as murder, kidnapping, robbery, felonious assault, and rape. But they can also be serious crimes against property, like burglary and larceny, as well as crimes involving fraud, drugs, and more.
What Are North Carolina's Statutes of Limitations for Misdemeanors?
A prosecutor must charge most misdemeanor cases within two years of the crime. Examples of misdemeanors with two-year statutes of limitations include criminal trespass, petty larceny, simple assault, and disorderly conduct.
One exception exists to the two-year time limit. Misdemeanor crimes involving abuse against children have a 10-year statute of limitations (for crimes committed on or after December 1, 2019). This 10-year time limit applies to the following misdemeanors:
- sexual battery
- indecent liberties with children
- child abuse
- failure to report child abuse, neglect, or maltreatment, and
- failure to report crimes committed against children.
If any of these misdemeanors were committed before December 1, 2019, they fall under the two-year time limit.
(N.C. Gen. Stat. § 15-1 (2026).)
Talk to a Lawyer
The expiration of a criminal statute of limitations does not automatically prevent a prosecutor from filing criminal charges in a case. The issue must be raised as a defense by the criminal defendant in court. If the defense fails to move for dismissal of charges based on the running of the limitations period, the prosecution moves forward. If you have any questions about criminal statute of limitations, consult a local criminal defense attorney.
