New Hampshire Criminal Statute of Limitations

Like most states, New Hampshire 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 criminal statutes of limitations work in New Hampshire.

What Are Criminal Statutes of Limitations?

Statutes of limitations set time limits for the government to bring criminal charges in a case. So if a person commits felony theft (which has a six-year statute of limitations) on January 1, 2025, the prosecutor would generally have until January 1, 2031, to file charges. If the prosecution charges the case after the applicable time period has passed, the person can ask the court to dismiss the charges.

How Long Does a Prosecutor Have to File Criminal Charges in New Hampshire?

For most crimes committed in New Hampshire, the time limit to charge the offense is based on the sentencing level of the crime: felony, misdemeanor, or violation. There are a few crimes where a specific time limit is provided in statute. For instance, several violent crimes and sex offenses have long statutes of limitations or no statute of limitations—meaning a criminal case can be filed at any time. In addition to these general and specific time limits, New Hampshire law provides extensions to time limits, allowing the government more time to bring certain cases. Below we discuss specific time limits for New Hampshire crimes.

New Hampshire's Statutes of Limitations for Felonies, Misdemeanors, and Violations

The general time limits for charging crimes (where no specific time limit is noted) are:

• six years for felonies
• one year for misdemeanors, and
• three months for violations.

(N.H. Rev. Stat. § 625:8 (2026).)

Statutes of Limitations for Specific Crimes in New Hampshire

Below are examples of time limits for specific crimes in New Hampshire. Keep in mind this is a partial list that broadly summarizes the law. You should look at the actual law for nuances and exceptions.

When Do Statutes of Limitations Start in New Hampshire?

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.

New Hampshire law contains several tolling provisions that apply even if the general or specific time limits above have expired. Below are some examples.

Misconduct in Public Office

For crimes involving misconduct in public office, the law allows prosecutors extra time to file a case. If the time limit has already expired, the prosecution can still file charges during any time the person is in office or within two years of leaving office.

Vehicle Accident Involving Death or Serious Bodily Injury

For a violation-level offense involving a motor vehicle accident that results in death or serious bodily injury, the prosecutor has six months after the accident to file charges (compared to three months under the general law).

Breach of Fiduciary Duty, Fraud, Misappropriation of Funds

The law also provides extra time to file charges in cases involving fraud or breach of a fiduciary duty. Charges must be filed within one year of the crime’s discovery.

Tampering With Witnesses or Evidence

If a person destroys or falsifies evidence, tampers with a witness, or engages in any other unlawful conduct that delays the discovery of the offense, the prosecution has a year after the discovery of such conduct to file charges.

Evading Prosecution

If a person tries to "evade" (avoid) arrest for a crime, the law gives the prosecutor extra time to file charges. In New Hampshire, the statute of limitations doesn’t run while the defendant is continuously absent from the state or has no reasonably ascertainable place of residence or employment.

Time to Talk to a Lawyer

Statutes of limitations are confusing, to say the least. The same conduct can be the basis for multiple criminal charges, meaning that more than one limitations period could apply. And because lawmakers can make changes to statutes of limitations, the time limit currently in law might not apply to a past crime. Consult a knowledgeable criminal defense attorney in your area to understand how the statutes of limitations apply in a specific case.