Understand how criminal statutes of limitations work in Arizona.
Updated December 08, 2022
Like most states, Arizona sets time limits for prosecutors to begin a criminal case against a suspect. These time limits—called statutes of limitations—can put an end to a case even if a defendant is guilty. This article will briefly review how Arizona's statutes of limitations work and what they are for several crimes.
What Are Criminal Statutes of Limitations?
Statutes of limitations set time limits for the government to bring criminal charges in a case. If the prosecution charges someone after the applicable time period has passed, the person charged can have the case dismissed.
How Long After a Crime Can Charges Be Filed in Arizona?
In Arizona and most other states, the time limits depend on the offense level or the specific crime. For instance, a prosecutor might have 10 years to file most felony charges but only one year to file misdemeanor charges. Violent crimes generally have longer statutes of limitations, and some crimes (like murder or terrorism) have no statute of limitations—meaning a criminal case can be filed at any time. In certain instances, statutes of limitations are "tolled" (suspended), allowing the government more time to bring a case. (More on "tolling" below.)
Can the Statutes of Limitations Change?
Lawmakers can change limitations periods. For example, they could change the statute of limitations for child sex crimes from 10 years to 25 years. But whether changes apply to past crimes depends on a couple of factors. Importantly, a new time limit created by the legislature doesn't apply if the prosecutor had already run out of time to file the charges.
The Arizona Legislature has amended (changed) its law on statutes of limitations several times. You might want to consult with an attorney if you have questions on a particular issue.
Arizona's Statutes of Limitations for Felonies, Misdemeanors, and Petty Offenses
Like many states, Arizona's law sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, a general statute of limitations applies based on the category of the crime.
The general time limits are:
- 7 years for Class 2 through 6 felonies
- 1 year for misdemeanors, and
- 6 months for petty offenses.
Arizona's Statutes of Limitations for Specific Crimes
Below are examples of time limits for specific crimes in Arizona. Keep in mind that the following is a partial list that broadly summarizes the law. You should look at the actual law for nuances, exceptions, and legislative changes.
Statutes of Limitations for Murder, Manslaughter, and Homicide
- Murder and manslaughter: no time limit
- Negligent homicide: no time limit
- Hit-and-run resulting in death: 7 years
- Vehicle accident caused by moving violation resulting in death: 2 years
Statutes of Limitations for Sex Offenses
- Violent sexual assault: no time limit
- Class 2 felony sex offenses (sexual assault): no time limit
- Class 2 sexual exploitation of a child: no time limit
- Child sex trafficking: no time limit
Statutes of Limitations for Fraud, Burglary, and Theft-Related Offenses
- Misuse of public monies: no time limit
- Felony involving falsifying public records (including attempts): no time limit
- Burglary: 7 years
- Fraudulent schemes: 7 years
- Felony theft ($1,000 or more): 7 years
- Misdemeanor theft (less than $1,000): one year
When Does the Statute of Limitations Start in Arizona?
In most states, the statute of limitations starts when the crime occurs. But Arizona's law starts the clock running when the crime is or should have been discovered. This rule is particularly helpful to prosecutors in cases where circumstances make it difficult to discover the crime (such as fraud or abuse cases).
The law also tolls (or suspends) the limitations period in instances listed below—allowing prosecutors extra time to file charges where the defendant might be attempting to avoid the authorities.
Absent from the state. In Arizona, the statute of limitations doesn't run while the defendant is absent from the state or doesn't have a known residence in the state.
Unknown suspect. The clock also doesn't run for "serious offenses" while the offender's identity is unknown. A list of serious offenses can be found in statute (§ 13-706) and includes armed robbery, burglary in the first degree, kidnapping, and child sex trafficking.
Time to Talk to a Lawyer
Statutes of limitations can be confusing, especially when exceptions apply. Also, a crime that results in several charges could have more than one limitations period. Consult a knowledgeable attorney in your area to understand how the statutes of limitations apply in a specific case.
(Ariz. Rev. Stat. § 13-107 (2022).)
