Learn how long Commonwealth's attorneys have to file charges in felony and misdemeanor cases under the state's statutes of limitations.
Updated 2/24/2026
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 Virginia'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 misdemeanor theft on January 1, 2025. The commonwealth would generally have five years from that date to file charges in the case. If the prosecution charges someone after the applicable time period has passed, the person charged can have the case dismissed.
What Are Virginia's Statutes of Limitations for Felonies?
In Virginia, 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, assault, and rape. But they can also be crimes against property, like burglary and grand larceny, as well as crimes involving fraud, drugs, and more.
(Anderson v. Commonwealth, 48 Va. App. 704 (2006).)
What Are Virginia's Statutes of Limitations for Misdemeanors?
Most misdemeanors must be charged by a Virginia prosecutor (called a Commonwealth's attorney) within one year of the crime unless the law provides an exception, of which there are several (see below). In a few instances, statutes of limitations are “tolled” (suspended), allowing the government more time to bring a case.
Below are examples of Virginia misdemeanors that fall outside the general one-year charging time limit. Keep in mind that the following is a partial list that broadly summarizes the law. You should look at the actual law for nuances and exceptions.
| Crime | Time Limit |
|---|---|
| Misdemeanor Invasion of Privacy | |
| Unlawful creation of intimate images | The later of 5 years after the offense or one year from discovery |
| Revenge porn | The later of 5 years after the offense or one year from discovery |
| Misdemeanor Theft, Larceny, and Fraud | |
| Petit larceny (less than $1,000) | 5 years after the offense |
| Unemployment compensation fraud | 3 years after the offense |
| Tax fraud | 3 years after the offense |
| Computer crimes and identity theft | 5 years from the offense or one year after the discovery of the offender's identity, whichever is earlier |
| Falsifying patient records | 3 years after the offense |
| Misdemeanor Misconduct | |
| Unauthorized practice of law | 2 years after the offense |
| Malfeasance in public office | 2 years after the offense |
| Unlawful acts regarding occupational or professional licenses | One year after discovery of the offense (up to 5 years from the date of offense) |
| Campaign finance violations | One year after discovery of the violation (up to 3 years from the date of violation) |
| Misdemeanor Environmental and Wildlife Offenses | |
| Discharge, dumping, or emission of toxic substances | 3 years after the crime |
| Illegal sales of wild birds, animals, and fish | 3 years after the offense |
| Cruelty to animals | 5 years after the offense |
| Misdemeanor Building Code Violation | |
| Building code violations | Within one year of discovery, provided discovery occurs within two years of initial occupancy or certification of use; or within one year of issuance of a violation notice |
(Va. Code § 19.2-8 (2026).)
When Do Statutes of Limitations Start in Virginia?
Generally, the statute of limitations starts when the crime occurs. But in circumstances where it’s difficult to discover the crime or a victim might be particularly scared to report it, the law might delay the starting of the time clock or extend the limitations period.
Misdemeanor Sex Crimes Against a Child
Virginia law delays starting the clock for the following misdemeanor crimes committed against a minor: sexual battery, attempt to commit sexual battery, infected sexual battery (STD or STI), and sexual abuse of a child. The clock begins to run once the victim reaches the age of majority. Once the clock begins to run, the one-year time limit applies—except in cases where the offender was an adult and more than three years older than the victim. In these cases, the law gives the prosecution five years to file charges.
Evading Prosecution
Also, if a person tries to evade (avoid) arrest for a crime, the law gives the prosecutor extra time to file charges. The statute of limitations doesn’t run while the defendant is fleeing from justice or conceals themself to avoid arrest.
Time to Talk to a Lawyer
Statutes of limitations can be confusing, especially when exceptions or tolling provisions apply. If you have questions about the statute of limitations in a particular case, consult a knowledgeable attorney in your area.
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