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Statute of Limitation

FLORIDA STATUTE OF LIMITATIONS IN A CRIMINAL CASE

The statutes of limitation for criminal cases in Florida set forth the time within which prosecution must begin. If the state fails to bring a case within the specified time it loses the right to prosecute that crime forever. In some circumstances, a prosecution may be “Tolled” or suspended.

FELONY

Capital felony, life felony, or felony that results in a death: There is no statute of limitations

1st degree felony:  4 years

Any other felony:  3 years

MISDEMEANOR

1st degree misdemeanor:  2 years

2nd degree misdemeanor: 1 year

SPECIAL CIRCUMSTANCES

Any offense involving fraud or a breach of fiduciary obligation: within 1 year after discovery of the offense, up to a maximum additional 3 years

Certain sexual crimes where victim is under 18: statute of limitations begins when victim turns 18 or the violation is reported, whichever occurs earlier.

1st or 2nd degree sexual battery felony reported within 72 hours: no statute of limitations

First degree sexual battery felony where the victim is under 18, and any sexual battery where the victim is under 16:  no statute of limitations

Sexual battery and lewd or lascivious offenses: within 1 year after identity of accused is established through DNA evidence

Aggravated battery or any felony battery; kidnapping or false imprisonment; sexual battery; lewd or lascivious offense; burglary offense; robbery offense; carjacking; aggravated child abuse: no statute of limitations if identity of accused is established through DNA evidence

Felony that results in injury from weapon or firearm: 10 years

Any offense based on misconduct in office by a public officer or employee:  any time while the person is still in public office or employment, or within 2 years from the time person leaves public office or employment, whichever is longer

No statute of limitations for lying under oath at trial relating to a capital case;

Felony violations related to Medicaid provider fraud; exploitation, abuse, or neglect of an elderly or disabled adult; insurance fraud; environmental control violations; securities violations: 5 years.

THE STATUTE OF LIMITATIONS PERIOD ON HOLD - KNOWN IN THE LAW A TOLLING

The statute of limitations is tolled (the case is on hold) for any time when the defendant is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state, up to a maximum of 3 years.

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John P. Rutkowski, criminal defense attorney, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving Under the Influence and Traffic law. Contact us today to schedule an initial consultation.

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