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 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?
The statute of limitations is the maximum time the state has to begin criminal prosecution after an alleged offense occurs. For felony cases in Arizona, this timeline is outlined under A.R.S. § 13-107.
Arizona Felony Statute of Limitations Overview
- Most Felonies: 7 years from the date of the alleged offense
- Class 2 through Class 6 felonies: 7 years
- Class 1 Felonies (e.g., first-degree murder): No time limit
- Sexual Offenses Involving Minors: No time limit
- Public Misconduct by Officials: 7 years
- 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)
- Time limit: 7 years
- Applies unless death results, which may alter the timeline
Armed Robbery (A.R.S. § 13-1904)
- Time limit: 7 years
Drug Possession for Sale (A.R.S. § 13-3407)
- Time limit: 7 years, though charges may be delayed based on ongoing investigations
Weapons Misconduct (A.R.S. § 13-3102)
- Time limit: 7 years
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
The statute of limitations may be paused (tolled) under certain circumstances:
- The suspect is not present in the state of Arizona
- The suspect’s identity is unknown
- The offense was concealed and only discovered later (common in white collar crimes)
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 conducts a detailed review of:
- When the alleged crime occurred
- When it was discovered (for concealed crimes)
- 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, in some cases. Class 1 felonies, certain sex crimes, and tolling exceptions may allow charges even after seven years.
Does the statute start from the crime or the discovery?
It usually starts from the date of the offense. But for certain crimes, such as fraud, it starts when the offense was discovered or reasonably should have been discovered.
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
If you believe you’re under investigation or charges have been filed against you after a long delay, don’t wait. Statute of limitations issues are complex and time-sensitive. Guardian Law can determine whether your rights have been violated and take immediate action.
Call Guardian Law today at (602) 888-8020 for a confidential consultation.