Michigan Criminal Statute of Limitations Laws

The Michigan criminal statute of limitations defines the period of time that prosecutors have to file charges in criminal cases. The statute of limitations ensures a defendant’s right to a speedy trial. Prosecutors must file cases while evidence is available and witnesses’ memories are fresh.

In Michigan, expiration of the statute is an affirmative defense for criminal offenses. A defendant must claim the statute has run on their crime. If not, they run the risk of waiving it. Anyone who believes they have been arrested for a crime where the statute has run should contact a Michigan criminal law attorney.

The Michigan statutes of limitations have no limits for serious felonies like murder and rape. Most felonies and misdemeanors have a six-year statute of limitations.

Michigan Criminal Statute of Limitations: Time Limits

The amount of time a prosecutor has to file criminal charges varies by the type of offense.

Michigan Criminal Statute of Limitations Code Section

Michigan Penal Code Sec. 767.24

Michigan Criminal Statute of Limitations for Felonies

No time limit:

• Murder, including conspiracy and solicitation
• Terrorism
• Criminal sexual conduct first degree
• Human trafficking involving a child

25 Years

• Violation of “Theresa Flores’s Law”: Theresa Flores’s Law removes the statute of limitations for sexual trafficking or sexual exploitation, allowing victims to bring charges whenever they are able

10 Years

• Kidnapping
• Extortion
• Armed robbery
• Criminal sexual conduct second degree/third degree/fourth degree (allows for an extension to the alleged victim’s 21st birthday, if necessary)
• First-degree home invasion
• False pretenses involving real property or mortgage fraud

Six Years

• Identity theft
• All other felonies

Misdemeanors

• All misdemeanors have a six-year limitations period

Crimes in Which a Child Is a Victim

• Human trafficking involving a child: No time limit
• Female genital mutilation, transport with intent, or facilitation of FGM: 10 years
• Child sex offenses, sexually abusive activity, material, or possession: 10 years

Michigan Criminal Statute of Limitations: Other Factors

Certain other factors can extend the length of a criminal statute of limitations in Michigan.

Tolling the Statute of Limitations

The statute of limitations is paused or “tolled” during any period when the defendant is not present in Michigan. It resumes when they return.

DNA Evidence and Statute of Limitations

If law enforcement obtains DNA evidence related to a crime but the donor is unknown, there is no time limit to file an indictment. Once the state identifies a suspect, prosecutors must file charges within 10 years or when the alleged victim turns 21, whichever is later. The crimes are:

• Female genital mutilation
• Child sexually abusive activity, material, or possession
• Second-, third-, and fourth-degree criminal sexual conduct
• Assault with intent to commit criminal sexual conduct

Research the Law

• Michigan Law
• Official State Codes – Links to the official online statutes (laws) in all 50 states and DC

Michigan Criminal Statute of Limitations Laws: Related Resources

• Michigan Civil Statute of Limitations
• Criminal Law Center

Need Legal Advice? Speak With a Michigan Criminal Defense Attorney

Anyone facing criminal charges should consider getting legal advice from an expert. Before you speak to anyone in law enforcement or the prosecutor’s office, think about meeting with an experienced Michigan criminal defense attorney. They can examine your case, explain your options, and fight for your acquittal or plea bargain.