When facing criminal accusations or under investigation in Peoria, Arizona, understanding the statute of limitations for felony charges is critical. The statute of limitations sets a legal deadline for prosecutors to file charges. If charges are not filed within that time frame, you may be legally protected from prosecution. However, exceptions exist, and knowing how these timelines work is vital to protecting your rights.
Guardian Law Group provides felony defense representation throughout Peoria and Maricopa County, and we are here to explain how Arizona’s statute of limitations applies to serious felony cases.
What Is the Statute of Limitations in Arizona?
§ 13-107 governs criminal prosecution time limits. For offenses covered by subsection B, the period runs from actual discovery by the state or the relevant political subdivision, or discovery that should have occurred with reasonable diligence, whichever occurs first. It is not universally measured from the incident date.
Arizona Felony Statute of Limitations Overview
- Most felonies: A seven-year period applies to Class 2 through Class 6 offenses covered by § 13-107(B), measured from the statutory discovery point.
- Class 2 through Class 6: Check the exceptions before applying the ordinary seven-year period.
- Homicide: Section 13-107(A) allows prosecution at any time for any homicide and other specifically listed offenses.
- Specified sexual offenses: The no-limit list includes Class 2 offenses in chapters 14 or 35.1 and violent sexual assault; do not assume every offense involving a minor has the same limitation rule.
- Public money and records: Misuse of public monies or a felony involving falsification of public records may be prosecuted at any time under subsection A.
- White Collar Crimes (e.g., fraud, forgery): Generally 7 years, but can vary based on when the crime was discovered
Common Examples Relevant to Peoria Cases
Aggravated Assault (A.R.S. § 13-1204)
- Ordinarily seven years under subsection B, subject to the statutory discovery rule and applicable exceptions or tolling.
- Review the actual charge and any serious-offense identity tolling; do not infer the entire calculation from the offense label.
Armed Robbery (A.R.S. § 13-1904)
- Ordinarily seven years under subsection B, subject to the statutory discovery rule and applicable exceptions or tolling.
Drug Possession for Sale (A.R.S. § 13-3407)
- Ordinarily seven years under subsection B. An ongoing investigation alone does not create a separate tolling rule in § 13-107.
Weapons Misconduct (A.R.S. § 13-3102)
- Ordinarily seven years under subsection B, subject to the statutory discovery rule and applicable exceptions or tolling.
Fraud, Forgery, Theft (A.R.S. §§ 13-2002, 13-2310)
- Typically 7 years from discovery, especially if offenses involve concealed conduct or financial schemes
Exceptions and Tolling of Time Limits
Distinguish the starting date from periods when the clock does not run:
- The suspect is not present in the state of Arizona
- For a serious offense defined in § 13-706, time does not run while the offender’s identity is unknown.
- Delayed discovery concerns subsection B’s starting date; concealment is not a substitute for reviewing when diligent discovery should have occurred.
These exceptions can extend the time prosecutors have to file charges.
Why It Matters for Your Defense
Understanding the statute of limitations is an essential part of building a strong defense. If charges are filed after the deadline, your attorney can file a motion to dismiss the case. But this defense must be raised strategically and backed by a clear timeline of events.
Guardian Law Group conducts a detailed review of:
- When the alleged crime occurred
- When the state actually discovered the offense or should have discovered it with reasonable diligence
- Any gaps in jurisdiction or presence
- Law enforcement or prosecutorial delays
FAQs About Felony Statutes of Limitation in Arizona
Can I still be charged after 7 years?
Yes. Subsection A has specified no-limit offenses, and other cases require analysis of discovery, tolling, timely filing and the refiling rule. Seven calendar years since an incident alone does not decide whether prosecution is barred.
Does the statute start from the crime or the discovery?
For subsection B offenses, use the earlier of actual state discovery and discovery that reasonable diligence should have produced. Collect reports, complaints and dated communications showing both possibilities; fraud is not the only offense subject to that rule.
What if I moved out of state?
Time spent outside Arizona does not count toward the limitation period. Prosecutors can toll the statute if you were not in the state.
Can charges be dismissed if they’re too late?
Yes. If a felony charge is filed after the statute of limitations has expired, your attorney can argue for dismissal under A.R.S. § 13-107.
Contact a Felony Defense Lawyer in Peoria Today
Bring the earliest report, complaint or indictment, service records, relevant residence history and any dismissal order. Mark the incident, discovery, filing and dismissal dates separately so counsel can evaluate the limitation issue. Guardian Law Group’s criminal defense team can review the documents and discuss the next step.
Call Guardian Law Group today at (602) 888-8020 for a confidential consultation.