{"id":375245,"date":"2016-03-31T21:36:04","date_gmt":"2016-04-01T02:36:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-criminal-statute-of-limitations-laws.html"},"modified":"2025-03-18T14:44:08","modified_gmt":"2025-03-18T19:44:08","slug":"new-york-criminal-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-criminal-statute-of-limitations-laws.html","title":{"rendered":"New York Criminal Statute of Limitations Laws"},"content":{"rendered":"\n
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New York Criminal Statute of Limitations<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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<\/a>.<\/p>\r\n

All states have criminal statutes of limitation<\/a>. 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.<\/p>\r\n

Civil statutes of limitation<\/a> 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.<\/p>\r\n

New York Criminal Statutes of Limitation<\/b><\/h2>\r\n

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.<\/p>\r\n

Code sections<\/p>\r\n

New York Criminal Procedure Law Sec. 30.10, et. seq<\/a>.<\/p>\r\n

Felonies<\/b><\/h3>\r\n

No time limit<\/b><\/p>\r\n