Arizona Criminal Statute of Limitations

Arizona law sets time limits—called statutes of limitations—for bringing charges in criminal cases. If the prosecutor doesn't file criminal charges within these time limits, the defendant can have the charges dismissed.

By , Attorney

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.

In Arizona and most other states, 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.

Statutes of Limitations: 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:

  • seven years for class 2 through 6 felonies
  • one year for misdemeanors, and
  • six months for petty offenses.

(Ariz. Rev. Stat. § 13-107 (2020).)

Statute of Limitations: 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. (Any changes made to limitations periods by the legislature apply only to crimes not yet time-barred. Changes cannot revive cases where the statute of limitations has already expired.)

Murder, Manslaughter, and Homicide

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: 7 years

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

Starting and Stopping the Statute of Limitations

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 identity. 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.

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