
Anyone involved in or accused of a crime must understand the statutes of limitations in North Carolina. Statutes of limitations limit how long the State has to charge you with a crime. This limitation helps ensure that you have the chance to gather and preserve evidence that could help your case before too much time passes.
The length of the statute of limitations depends on the specific crime you’re charged with and whether it’s a federal or a state offense. Let’s discuss what crimes have no statute of limitations and which do.
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What Are Statutes of Limitations?
Statutes of limitations establish how long prosecutors have to bring charges against an individual after committing a crime. These laws ensure timely prosecution while evidence is fresh and witnesses’ memories are still reliable.
What Crimes Have No Statute of Limitations?
North Carolina is unusual in that most felonies and even some serious misdemeanors do not have a statute of limitations. Most federal crimes, on the other hand, do have a statute of limitations. Exceptions include certain serious crimes, such as those involving murder, terrorism, or sexual assault. We’ll dig into these further below.
Statutes of Limitations in North Carolina
The statutes of limitations in North Carolina differ significantly between misdemeanors and felonies.
Misdemeanors are crimes that carry less severe punishments than felonies. They are typically punishable by a fine and a term of imprisonment not exceeding one year. Simple assault and petty theft are examples of these crimes, and they must be prosecuted within two years of the offense. However, certain misdemeanors, such as malicious misdemeanors, may not have a statute of limitations, allowing prosecution at any time.
Felonies are crimes that typically involve violence, are regarded as more serious than misdemeanors, and are usually punishable by imprisonment for more than one year or by death. As mentioned, North Carolina is unique in that most felonies have no statute of limitations. This means that serious offenses, including murder, rape, and other high-level felonies, can be prosecuted regardless of how much time has passed since the crime occurred.
Statute of Limitations for Federal Crimes
For most federal crimes, the statute of limitations is five years from the offense’s date. However, certain serious offenses are exempt from these limits, allowing legal action to be taken regardless of when the crime occurred. Federal crimes without a statute of limitations include:
- Capital offenses—crimes punishable by death, such as certain forms of murder and terrorism that result in death;
- Terrorism offenses—specific terrorism-related crimes, especially those resulting in death or serious injury; and
- Sexual offenses against minors—certain sexual crimes involving minors, mainly when DNA evidence is available, may also be exempt from any statute of limitations.
Identifying whether your charges fall into the category of federal crimes without a statute of limitations is crucial for building an effective defense strategy. Consulting with an attorney helps ensure you fully understand how these legal timeframes apply to your case.
Implications for the Accused
For individuals accused of crimes in North Carolina, it’s essential to understand how these statutes apply. The statute of limitations sets a deadline for bringing charges, and once it has passed, an attorney can use it as a defense to dismiss the case. However, this defense only applies if the prosecution attempts to proceed after the statute of limitations has expired under the relevant law.
As discussed, there are many crimes that do not have a statute of limitations, which means that the possibility of prosecution in North Carolina never goes away. If it takes months, years, or even decades to determine who committed a crime, that person can still be prosecuted. If a crime violates both federal and state laws, you can still be prosecuted under state law, even if the statute of limitations for the federal law has expired.
Once accused, that person has a constitutional guarantee of a speedy trial, which means that individuals have the right to have their trial conducted within a reasonable amount of time, as provided by the Sixth Amendment to the U.S. Constitution.
This right protects the accused from being incarcerated for excessive time before their trial, suffering undue stress, and having their ability to defend against accusations damaged due to delays. If the court determines that the right to a speedy trial has been violated, your attorney can ask for the charges to be dismissed. This is a rare circumstance, but something your attorney will fight for if it occurs in your case.
Under any of these circumstances, it is important to consult with an experienced criminal defense attorney to help you navigate these complexities and craft a defense tailored to your circumstances.
Why Choose Tetterton Law Firm, PLLC?
At Tetterton Law Firm, PLLC, we focus exclusively on criminal and traffic law and offer unmatched expertise in Carteret County. Conveniently located across from the courthouse in Beaufort, Attorney Joshua Tetterton provides exceptional accessibility and a direct connection to the local legal system.
As a firm focused on cases in Carteret County, we understand the intricacies of local procedures and maintain strong professional relationships with area prosecutors and law enforcement, allowing us to approach each case with precision and insight. If you need help, please get in touch with us today.