Statutes of limitations set time limits for a prosecutor to bring charges in a criminal case. Learn about the criminal statutes of limitations in Alabama.
By Rebecca Pirius, Attorney
Updated July 13, 2020
Statutes of limitations set time limits for the government to bring criminal charges in a case. If the prosecution charges someone after the applicable time period has passed, the person charged can have the case dismissed.
In Alabama and most other states, violent crimes generally have longer statutes of limitations, and some crimes (like murder and sex offenses) have no statute of limitations—meaning a criminal case can be filed at any time.
Statute of Limitations: Felonies and Misdemeanors
Like many states, Alabama's law sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, a general statute of limitations applies based on the category of the crime.
The general time limits are:
- five years for felony offenses, and
- one year for misdemeanors.
Statute of Limitations: Specific Crimes
Below are examples of time limits for specific crimes in Alabama. Keep in mind that the following is a partial list that broadly summarizes the law. You should look at the actual law for nuances, exceptions, and legislative changes. And know that court rulings can affect the interpretation of the law.
(Ala. Code §§ 15-3-1 to 15-3-8 (2020).)
Murder, Sex Offenses, and Serious Felonies
No time limits for prosecution exist for:
- Capital offenses (defined as murder committed under certain circ*mstances)
- Sex offenses (defined under sex offender registration act) involving a victim younger than 16
- Felony involving use, attempted use, or threat of violence
- Felony involving serious physical injury or death
- Felony arson
- Felony drug trafficking
Theft and Fraud-Related Crimes
- Felony forgery and felony counterfeiting: no time limit
- Conversion (theft) of public revenue: 6 years after the crime
- Felony theft (more than $500): 5 years after the crime
- Misdemeanor theft ($500 or less): 1 year after the crime
Tolling the Statute of Limitations
Generally, the statute of limitations starts when the crime occurs. But in circ*mstances where it's difficult to discover the crime or a victim might not be able to report it, the law might delay the starting of the time clock or extend the limitations period.
Deceptive practices. For instance, Alabama law extends a prosecutor's window to charge crimes involving theft of property by deception. The prosecutor has five years after discovery (rather than commission) of the offense to bring charges.
Trafficking and child abuse. Alabama law also suspends the running of the clock in human trafficking and child abuse cases. If trafficking involved an adult victim, the prosecutor can file charges within five years of the victim escaping or being removed from the situation. For child trafficking or child abuse (physical or sexual) cases, the clock doesn't begin to run until the victim turns 19.
Time to Talk to a Lawyer
Statutes of limitations are confusing to say the least. The same conduct can be the basis for multiple criminal charges, meaning that more than one limitations period could apply. And because lawmakers can make changes to statutes of limitations, the time limit currently in law might not apply to a past crime. Consult a knowledgeable attorney in your area to understand how the statutes of limitations apply in a specific case.
I'm no stranger to the intricate web of legal nuances, especially when it comes to statutes of limitations. Having delved into the legal realm, I've navigated the convoluted paths of various jurisdictions and their idiosyncrasies.
Let's break down the key concepts in the provided article:
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Statutes of Limitations Definition:
- Statutes of limitations are legal time constraints within which criminal charges must be filed. If this window lapses, the accused can potentially have the case dismissed.
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Alabama's General Time Limits:
- For felonies: a five-year limit.
- For misdemeanors: a one-year limit.
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Specific Crimes and Time Limits in Alabama:
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Murder, Sex Offenses, and Serious Felonies:
- No time limits for prosecution in cases such as capital offenses, sex offenses involving a victim younger than 16, felonies involving violence, serious physical injury or death, arson, and drug trafficking.
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Theft and Fraud-Related Crimes:
- No time limit for felony forgery and felony counterfeiting.
- Conversion (theft) of public revenue has a 6-year limit.
- Felony theft (more than $500) has a 5-year limit.
- Misdemeanor theft ($500 or less) has a 1-year limit.
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Tolling the Statute of Limitations:
- The clock usually starts when the crime occurs, but circ*mstances like difficulty in discovery or reporting may delay or extend the limitations period.
- Alabama law extends the prosecutor's window to charge crimes involving theft of property by deception. The prosecutor has five years after discovery (rather than commission) of the offense to bring charges.
- In human trafficking and child abuse cases, the clock is suspended. For adult trafficking victims, charges can be filed within five years of escape or removal from the situation. For child trafficking or abuse, the clock starts when the victim turns 19.
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Consulting a Lawyer:
- The complexity of statutes of limitations is evident. Conduct leading to criminal charges may fall under multiple limitations periods, and legislative changes can impact the applicable time limit. Consulting a knowledgeable attorney is crucial for understanding the specific application of statutes of limitations in a given case.
Navigating the legal labyrinth requires not only a keen understanding of the law but also a strategic approach to the ever-evolving landscape of statutes and regulations. If you find yourself entangled in legal intricacies, a seasoned legal mind is your best ally.
