New York Criminal Statute of Limitations

The criminal statute of limitations in New York sets deadlines for how long prosecutors have to file criminal charges. The statute limits how long a prosecutor may wait to file formal charges. There is no time limit to bring charges for crimes like murder or sexual assault. Less serious felonies have a five-year statute of limitations. Most misdemeanors have a two-year statute of limitations.

All states have criminal statutes of limitation. These laws protect a defendant’s right to a speedy trial in criminal cases. The prosecutor must bring charges in a certain amount of time while evidence is available and witness recollections are fresh. A prosecutor can’t keep a criminal offense hanging over a defendant’s head while they continue gathering evidence, particularly for misdemeanors and petty crimes.

Civil statutes of limitation provide the same time limits for civil cases. Plaintiffs must bring personal injury claims in a certain period of time or lose the opportunity to file their claim.

New York Criminal Statutes of Limitation

The amount of time the prosecutor has to bring criminal charges depends on the nature of the crime. Some crimes don’t have a limiting statute.

Code sections

New York Criminal Procedure Law Sec. 30.10, et. seq.

Felonies

No time limit

• Class A felonies (murder, kidnapping)
• Rape in the first degree

10 to 20 years

• Rape in the second degree: 20 years or 10 years after reporting to law enforcement
• Rape in the third degree: 10 years

Five years

• All other felonies

Misdemeanors

Two years

• Any misdemeanor

One year

• Any petty offense

Crimes against children

No time limit

• Sexual conduct against a child in the first degree

Five years

• Sexual conduct against a child in the second degree
• Class A felonies: No time limit.

Other limitations

• Larceny in violation of fiduciary duty: One year after the discovery of the crime
• Any offense involving misconduct by a public servant: Duration of the office or five years after termination of public office.

When the statute does not run

When calculating the statutory period, the period of limitations is not calculated:

• When the defendant is continuously outside the state
• When the defendant’s location is "continuously unknown and unknowable."
• The period between dismissing one charge and filing a new charge in the same or a related case.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state laws before making any legal decisions.

Get Legal Advice From a New York Criminal Defense Attorney

If you face charges for a felony offense or any other violation of New York’s penal laws, you need legal advice right away. Contact a New York criminal defense lawyer immediately to learn about the statutes of limitation and protect your legal rights.-