How Long After a Crime Can You Be Charged in Missouri?
If you’re worried about whether the state can still charge you with a crime after time has passed, you’re not alone. Missouri law sets deadlines for when prosecutors can file criminal charges. These time limits vary depending on the type of crime—and some offenses don’t have any time limit.
Understanding how these deadlines work can help you make informed decisions if you’re concerned about a past incident or believe you are under investigation.
What Is a Statute of Limitations?
The statute of limitations is a law setting a legal deadline that limits how long the government has to charge someone with a crime. Once the time limit expires, prosecutors generally can’t file charges. The idea behind these laws is that evidence fades over time. Memories weaken, documents disappear, and witnesses may no longer be available. This weakens criminal cases, which must be proven beyond a reasonable doubt.
The time period usually begins when the crime is committed, but certain circumstances can pause or extend the clock.
Crimes Not Subject to the Statute of Limitations
Missouri’s criminal time limits vary. However, the law allows prosecutors to file charges at any time for certain serious offenses. These include:
- Murder and other homicide-related offenses
- First-degree rape or attempted rape involving force or lack of consent
- First-degree sodomy or attempted sodomy involving force or lack of consent
In other words, if the alleged crime falls into one of these categories, the state does not face any deadline for filing charges. For example, you could be charged for a murder committed decades prior.
General Time Limits for Other Crimes
Most felony and misdemeanor charges are subject to the statute of limitations. Here are some of the most common timeframes:
- Three years for most felonies
- One year for most misdemeanors
- Six months for infractions
These general time limits apply unless the law specifically sets a different period for a particular crime. If the alleged victim is a minor or disabled, some crimes may have longer charging windows. This usually depends on the offense and when it was reported.
When the Clock Pauses or Doesn’t Start at All
Missouri law also allows the statute of limitations clock to pause or be delayed in certain situations. This is called “tolling.” For example:
- If the suspect leaves Missouri or tries to hide from law enforcement, the time spent out of state might not count toward the limit.
- If the crime was not discovered right away, the clock might not start until authorities or the victim reasonably should have discovered it. This is often an issue in fraud, abuse, or embezzlement cases.
These exceptions can make it harder to calculate the exact cutoff without reviewing the full facts of the case. An experienced criminal defense attorney can assess your case and determine whether you may be subject to future charges.
What Happens If Charges Are Filed After the Deadline?
If prosecutors file charges after the statutory period has expired, your defense attorney can file a motion to dismiss the case. Whether that motion succeeds will depend on the specific case and evidence. The charges must be dropped if the court agrees that the deadline passed.
However, it’s not automatic. The court won’t raise the issue on its own, and neither will the prosecutors. You’ll need a strong legal defense that asserts the limitations period has expired.
Talk to The O’Rourke Law Firm About Your Case
If you’re under investigation or believe you might be charged, don’t wait to find out whether the statute of limitations applies. Legal advice early on can protect your rights and clarify the situation. Reach out to The O’Rourke Law Firm today. We can explain your options and help you take the next step.