Georgia, like other states, sets time limits for bringing charges in a criminal case—called statutes of limitations.
Updated April 05, 2023
Like most states, Georgia 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 the case even if a defendant is guilty. This article will briefly review how Georgia'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 Georgia?
In Georgia and most other states, the time limits depend on the offense level or the specific crime. For instance, a prosecutor might have seven years to file most felony charges but only two years to file misdemeanor charges. Violent crimes generally have longer statutes of limitations, and some crimes (like murder or child rape) 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.
What Happens When the Statute of Limitations Has Expired?
A defendant who believes the statute of limitations has expired on one or more charges must raise the issue with the court. Upon raising the issue, the prosecutor has the burden of proving the charges were timely followed. If the prosecutor fails to meet this burden, the judge must dismiss the charges.
Georgia's Statutes of Limitations for Felonies and Misdemeanors
Like many states, Georgia'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 felonies punishable by death or life imprisonment
- 7 years for felonies against child victims
- 4 years for other felonies, and
- 2 years for misdemeanors.
Georgia's Statutes of Limitations for Specific Crimes
Below are examples of time limits for specific crimes in Georgia. 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 and Capital Crimes (Death Penalty)
- Murder: no time limit
- Capital crimes (including armed robbery, aircraft hijacking, treason): 7 years after the crime
- Manslaughter: 7 years after the crime if the victim is younger than 18, otherwise 4 years after the crime
Statutes of Limitations for Certain Crimes Involving Children Younger Than 16
The following crimes (committed on or after July 1, 2012) have no time limits if the victim was younger than 16:
- Sex trafficking
- First-degree cruelty to children
- Rape
- Aggravated sodomy
- Child molestation (except misdemeanor violations)
- Aggravated child molestation
- Enticing a child for indecent purposes (except misdemeanor violations)
- Incest
Statutes of Limitations for Sex Crimes
- Forcible rape: 15 years after the crime
- Sexual battery: 7 years after the crime if the victim is younger than 18, otherwise 2 years after the crime
- Aggravated sexual battery: 7 years after the crime if the victim is younger than 18, otherwise 4 years after the crime
When Does the Statute of Limitations Start in Georgia?
Generally, the statute of limitations starts when the crime occurs and stops when an indictment is filed. 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, pause the clock (toll), or extend the limitations period.
DNA Evidence
For instance, Georgia allows the prosecution to file charges at any time for the following crimes if DNA evidence is preserved and identifies the accused: armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery.
Misconduct in Public Office
If the defendant is a government officer or employee accused of stealing public property, the clock doesn't run during any time the defendant was in that role.
Breach of Fiduciary Duty
Georgia law suspends the time clock for cases involving theft of a ward or beneficiary's property by a guardian or trustee. The clock doesn't run during the time the accused is in the role of guardian or trustee.
Crimes Against the Elderly
The law extends a prosecutor's window to charge certain crimes committed against victims 65 or older. The time clock doesn't begin to run until the violation is reported to or discovered by the authorities, whichever occurs earlier, up to a maximum extension of 15 years.
Evading (Avoiding) Prosecution or Unknown Defendant
Also, if a person tries to "evade" (avoid) prosecution, the law gives the prosecutor extra time to file charges. In Georgia, the statute of limitations doesn't run while the defendant is not usually and publicly a resident in the state, the defendant is unknown, or the crime is unknown.
Time to Talk to a Lawyer
Statutes of limitations are confusing, to say the least. In addition to identifying the time limit applicable to a specific crime, one must navigate exceptions, exclusions, extensions, court interpretations, and legislative changes. Consult a knowledgeable attorney in your area to understand how the statutes of limitations apply in a specific case.
(Ga. Code §§ 17-3-1, -2, -2.1, 2.2, -3 (2023).)
