If you’re under investigation or worried about a past incident involving a violent crime, it’s crucial to understand the statute of limitations. For residents of Peoria, the statute of limitations defines how long prosecutors have to file charges. At Guardian Law Group, we regularly help clients understand whether a case may still be pursued and how to protect their rights.
What Is a Statute of Limitations?
A statute of limitations is a legal time limit for bringing criminal charges. Once that time passes, the state can no longer prosecute the alleged offense—except in certain serious cases.
Statute of Limitations for Violent Crimes
In Arizona, the statute of limitations for violent crimes depends on the severity of the offense:
No Time Limit (A.R.S. §13-107)
§ 13-107(A) permits prosecution at any time for specified offenses, including the examples below; this is not a complete list:
- Homicide
- Class 2 felony sexual assault
- Class 2 offenses listed in chapters 14 or 35.1, and other specifically listed offenses in subsection A
Seven Years
For offenses covered by § 13-107(B), Class 2 through Class 6 felonies ordinarily have a seven-year period from the statutory discovery point, subject to exceptions and tolling. Examples requiring a charge-specific review include:
- Aggravated Assault (A.R.S. §13-1204)
- Armed Robbery (A.R.S. §13-1904)
- Kidnapping (A.R.S. §13-1304)
One Year
Misdemeanor assault or disorderly conduct typically has a one-year time limit.
When Does the Clock Start?
For subsection B offenses, the clock begins with actual state discovery or discovery that should have occurred with reasonable diligence, whichever occurs first. Separately review periods when the clock does not run:
- The suspect leaves the state
- For a serious offense defined in § 13-706, the offender’s identity is unknown; this is not limited to cases using DNA
- A filed indictment, information or complaint starts prosecution under subsection C; a later arrest or arraignment is a different event
What If Charges Are Filed After the Deadline?
Your attorney can file a motion to dismiss the case based on the expired statute. If successful, the court will likely dismiss the charges with prejudice, meaning they cannot be refiled.
Why Legal Advice Still Matters—Even After Time Has Passed
You might assume you’re safe from prosecution, but that assumption could be wrong if the statute hasn’t expired—or was paused. A violent crimes defense lawyer can:
- Analyze the facts and determine time limits
- File motions to dismiss if the deadline has passed
- Prepare a defense in case charges are still legally viable
FAQs About Violent Crime Statutes of Limitations
Can the statute of limitations be extended?
Absence from Arizona or no reasonably ascertainable in-state abode can stop the clock under subsection D. For a statutory serious offense, unknown identity can stop it under subsection E. New DNA evidence is not itself a universal extension rule.
What if I was never formally charged?
Obtain the docket and the actual indictment, information or complaint. Section 13-107(C) treats filing as commencement of prosecution for subsection B, not the later date of arrest or arraignment. If a filing was sealed or dismissed, counsel must review the actual dates and any applicable refiling rule rather than assume the clock simply paused.
Should I talk to a lawyer if the time limit might have passed?
Absolutely. Only a qualified attorney can assess whether the statute applies and if charges are still a risk.
Guardian Law Group: Strategic Defense for Peoria Residents
Our legal team at Guardian Law Group stays current on all violent crime statutes and time limits. We help Peoria clients:
- Understand their risk of prosecution
- Act fast if charges are still possible
- Fight back if the case violates time limits
Protect Yourself—Get Answers From a Violent Crime Lawyer Today
Bring the charging document, docket entries, arrest or service records and any dismissal order. Ask counsel to separate discovery, filing and arrest dates, identify applicable exceptions and explain whether any limitation objection remains. 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.