Even though crime is harshly pursued in Florida, the law is also meant to protect defendants from crimes that happened a while ago. When facing criminal charges, many people wonder if Florida has a statute of limitation for criminal cases.
Florida does have a statute of limitations for criminal charges. This means that some offenses have a time limit for the State to file formal charges against a person. If during this period the case is not prosecuted, the charges will be dismissed. The Statute of Limitations depends on the type of crime.
In some types of crimes, when a person is facing charges for an offense committed in the past, their case might exceed the statute of limitations in Florida. Knowing this might help you get your charges dropped. Below there is further information about the Florida statute of limitations as well as some of the crimes that have and do not have a statute of limitations.
Be aware that the statute of limitations in Florida does have some exceptions.
What Is Statute of Limitations in Florida?
Florida’s law recognizes that pursuing a person for a crime that happened years ago might not be fair. As a result, the statute of limitations is designed to provide people with a just criminal process.
The statute of limitations sets some time restrictions for the State to file charges against a person. In other words, after a crime is committed, the prosecutor has a certain amount of time to formally press charges against the alleged offender.
If the time frame has passed and the State did not file the case, they might not be able press charges anymore. This time restriction is meant to avoid unfair punishments that could take place if the evidence, memory of the facts and witnesses are affected by the time lapse.
Nevertheless, the statute of limitations in Florida can be tolled. This means that, under certain circumstances, the time limitations might be suspended or paused. Under Florida Statutes § 775.15, the main circumstances that pause or extend the time limit in a criminal case are:
- The defendant is continuously absent from the state, or has no reasonably ascertainable home or workplace in Florida. This can extend the limit by up to three years.
- The victim of certain sex offenses was under 18. For those offenses, the clock does not start until the victim turns 18 or the offense is reported to law enforcement, whichever comes first.
- DNA evidence later identifies the accused in certain offenses, which can reopen the time to file charges.
What Crimes Have No Statute of Limitation in Florida?
As established before, in Florida, not all crimes have a statute of limitation. The Florida Statute § 775.15 indicates that crimes that are classified as a capital felony, life felony, or felonies that resulted in the death of a person do not have a statute of limitation.
Some examples of these crimes include murder, manslaughter and other felonies that result in a death, capital drug trafficking, and sexual battery upon a child. Florida has also removed the time limit for several other offenses, including sexual battery when the victim was under 18 (for offenses committed on or after July 1, 2020), most lewd or lascivious battery and molestation charges, and human trafficking. The table below illustrates the Florida statute of limitation in criminal cases:
| Type of Felony or Misdemeanor | Examples | Statute of Limitation* |
| First-degree felony | – Aggravated battery on a law enforcement officer – Armed robbery – Drug trafficking |
4 years |
| Second-degree felony | – Aggravated battery – Burglary of a dwelling – Possessions of drugs with the intent to sell |
3 years |
| Third-degree felony | – Burglary of an unoccupied structure – Felony DUI – Forgery |
3 years |
| First-degree misdemeanor | – Simple battery – Possession of 20 grams or less of cannabis – Indecent exposure |
2 years |
| Second-degree misdemeanor | – Simple assault – Disorderly conduct – Prostitution (first offense) |
1 year |
| Theft offenses of any degree | – Grand theft – Petit theft – Dealing in stolen property |
5 years |
| Sexual battery, adult victim | – Reported to law enforcement within 72 hours: no time limit – Not reported within 72 hours: 8 years |
No limit or 8 years |
| Sexual battery, victim under 18 | – Offenses committed on or after July 1, 2020 | No limit |
Understanding your charges and the possible penalties that you might face is an overwhelming experience, especially if your case is about to exceed the statutory limitation. Since there are some exceptions to this law, you might want to enlist the help of a criminal attorney. Contact our criminal lawyers in Florida to find out more information about your case.
Contact a Criminal Lawyer in St. Petersburg
If you are facing criminal charges and want to know if your offense has a statutory limitation in Florida, call the criminal attorney from Goldman Wetzel. Contact or defense lawyers via secure email form or call us at (727) 828-3900 to book a free appointment.