Washington Criminal Statute of Limitations

Like most states, Washington 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 Washington'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. Let's say a person commits felony theft, which has a three-year statute of limitations, on January 1, 2025. The state would have until January 1, 2028, to file charges. 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 Washington?

In Washington and most other states, the time limits depend on the offense level or the specific crime. For instance, a prosecutor might have three 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 rape of a child) 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 Crimes Have No Statute of Limitations in Washington?

Washington prosecutors can file charges at any time for more than 20 offenses, including:

• murder
• homicide by abuse
• arson resulting in death
• vehicular homicide
• hit-and-run resulting in death
• child rape and molestation
• child sex trafficking, and
• sexual exploitation of a child.

(Wash. Rev. Code § 9A.04.080 (2026).)

Statutes of Limitations for Specific Crimes in Washington

Below are examples of time limits for specific crimes in Washington. 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—and know that court rulings can affect the interpretation of the law.

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 government has already run out of time to file the charges.

Statutes of Limitations for Felonies, Gross Misdemeanors, and Misdemeanors in Washington

Crimes not specifically listed in the statute default to a general statute of limitations based on the category of the crime. The general time limits in Washington are:

• three years for felony offenses
• two years for gross misdemeanors, and
• one year for misdemeanors.

When Do Statutes of Limitations Start to Run in Washington?

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.

For instance, Washington law extends the statute of limitations in sex offense cases. The limitations period runs from the later of: (1) the date the crime was committed or (2) four years from the date the suspect’s identity is conclusively established by DNA testing or photographic identification.

Also, if a person tries to “evade” (avoid) arrest for a crime, the law generally gives the prosecutor extra time to file charges. In Washington, the statute of limitations doesn’t run during any time the defendant is not usually and publicly resident within the state.

Time to Talk to a Lawyer

Statutes of limitations are confusing, to say the least. Plus, the same conduct can be the basis for multiple criminal charges, meaning that more than one limitations period could apply. Consult a knowledgeable attorney in your area to understand how the statutes of limitations apply in a specific case.