How Long after a Crime Can You Be Charged in PA?
Understanding the statute of limitations in Pennsylvania is crucial for anyone involved in or concerned about potential criminal charges. The statute of limitations determines how long after a crime has been committed a person can be charged.
In Pennsylvania, these time limits are affected by a few factors. This article will provide answers to your questions about how long after a crime you can be charged, along with essential context to help you navigate this legal landscape.
What Is the Criminal Statute of Limitations in Pennsylvania?
In Pennsylvania, the statute of limitations for criminal charges differs based on the type of crime committed. For most misdemeanors, the time limit is typically two years from the date of the offense. Felonies generally have a longer statute of limitations, usually five years.
However, it’s important to note that certain serious crimes, such as murder, have no statute of limitations. This means that prosecutors can bring charges for these offenses at any time, regardless of how much time has passed since the crime occurred.
What Is the Statute of Limitations for Misdemeanors vs Felonies?
We’ve established that the type and severity of the offense determines the statute of limitations for crime. For more detailed information, state law on these time limits can be found in Title 42, Chapter 5551-5554 of the Pennsylvania Consolidated Statutes.
Here’s more on the differences, along with examples of different levels of offenses:
Misdemeanor Offenses
Most misdemeanors in Pennsylvania have a two-year statute of limitations. This means that prosecutors must file charges within two years of the date the crime was committed. Examples of misdemeanors include simple assault, petty theft, and some drug offenses.
It’s worth noting that some less serious offenses, known as summary offenses, may have an even shorter statute of limitations of just 30 days. Summary offenses include underage drinking, harassment, disorderly conduct, and criminal mischief.
Felony Offenses
For most felonies in Pennsylvania, the statute of limitations is five years. This longer time frame reflects the more serious nature of these crimes. Felonies encompass a wide range of offenses, including burglary, robbery, aggravated assault, and certain types of fraud. The five-year time limit allows the state a longer period to investigate and gather evidence before filing charges. However, this period can still pass quickly, especially in complex cases.
Serious Crimes
Certain heinous offenses, such as murder, have no statute of limitations in Pennsylvania. This means authorities can pursue charges for these crimes at any time, regardless of how long has passed since the offense occurred. The reasoning behind this is the potential ongoing threat the perpetrator may pose.
Other serious crimes with no time limit include voluntary manslaughter, conspiracy to commit murder, and some sex crimes involving minors. The absence of a statute of limitations for these offenses reflects their severity and the ongoing pursuit of justice for victims and their families.
Exceptions to the Statute of Limitations and Other Special Circumstances
While the timeframes explained above cover most situations, there are important exceptions and special considerations in some cases, such as:
Crimes Involving Minors
Crimes involving minors often have extended statutes of limitations. In many cases, the clock doesn’t start ticking until the victim turns 18 or reports the crime, whichever comes later. This extension recognizes the unique vulnerabilities of young victims and the challenges they may face in coming forward.
Crimes Involving Public Officials or Funds
Crimes involving government officials or public funds may also have extended statutes of limitations. This extension acknowledges the potential for cover-ups and the time it may take for such offenses to come to light.
Defendant Out of State or Hiding
If the defendant leaves the state or goes into hiding, the statute of limitations may be paused or “tolled.” This prevents criminals from evading justice by simply waiting out the clock.
What Should You Do if You Believe You’ll Be Charged?
If you believe you might be charged with a crime after a significant amount of time has passed, here are some steps you can take:
- Act Promptly: The sooner you seek legal representation, the better. Your attorney can proactively address the situation and protect your rights throughout the legal process.
- Be Prepared for Investigation: If you suspect that you might be charged with a crime, law enforcement may be investigating you. Your attorney can advise you on how to handle interactions with law enforcement and what to expect during an investigation.
- Avoid Self-Incrimination: Be cautious about discussing your situation with anyone other than your attorney. Avoid posting about your situation on social media or discussing it in public forums. Your attorney-client communications are confidential, but other conversations are not protected in the same way.
- Understand Your Options: Based on their investigation, your attorney can explain the potential charges you might face, the applicable statute of limitations, and the legal strategies available for your defense. This could involve exploring dismissal of charges based on the statute of limitations, challenging the evidence, or negotiating a plea bargain.
Even if the statute of limitations has expired, the best way to protect your rights is to seek legal representation.
Questions about the PA Statute of Limitations? Call a Lawyer Today
In conclusion, the statute of limitations in Pennsylvania varies depending on the type of crime committed. Misdemeanors generally have a two-year limit, felonies typically have a five-year limit, and some serious crimes like murder have no time limit at all.
If you have questions about criminal charges or the statute of limitations in Pennsylvania, don’t hesitate to contact Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC. We can provide personalized guidance based on the specifics of your situation and help you understand your rights and options under Pennsylvania law.
Call (412) 483-1802 today or contact us for a free case evaluation.