{"id":375410,"date":"2016-03-31T21:36:12","date_gmt":"2016-04-01T02:36:12","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/north-carolina-law\/north-carolina-criminal-statute-of-limitations-laws.html"},"modified":"2025-06-06T10:43:33","modified_gmt":"2025-06-06T15:43:33","slug":"north-carolina-criminal-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-carolina-law\/north-carolina-criminal-statute-of-limitations-laws.html","title":{"rendered":"North Carolina Criminal Statute of Limitations Laws"},"content":{"rendered":"\n
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North Carolina Criminal Statute of Limitations Laws<\/h1>\n
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\n By Olivia Wathne, 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

State laws place limits on how much time prosecutors have to file criminal charges against suspects. These time limits are called criminal statutes of limitations<\/a>. Most states have different limits for different types of crimes, but North Carolina is unique in this regard. North Carolina enforces a two-year statute of limitations for most misdemeanors, and there is no statute of limitations for felony offenses or crimes classified as "malicious" misdemeanors.<\/p>\r\n

Why Do Criminal Statutes of Limitations Exist?<\/b><\/h2>\r\n

Criminal statutes of limitations exist to ensure fairness in the prosecution of a criminal offense by establishing a set time period, known as the limitations period, during which charges must be filed. This time limit helps uphold a defendant\u2019s right to a speedy trial and ensures that evidence remains intact and that witnesses\u2019 memories are reliable when a criminal case goes to trial.<\/p>\r\n

In most other states, felony charges<\/a> must be filed during a crime-specific statute of limitations. While some crimes, such as violent crimes, sex offenses, domestic violence<\/a>, and sexual assault<\/a>, may have extended or no limitations period, other offenses are subject to stricter deadlines. Criminal statutes of limitations help protect the integrity of the justice system by ensuring timely prosecution.<\/p>\r\n

North Carolina Criminal Statutes of Limitations: At a Glance<\/b><\/h2>\r\n

North Carolina’s criminal statutes of limitations are unique. The table below offers a summary of how they work. For additional resources and information, FindLaw’s Criminal Law Basics<\/a> section has you covered.<\/p>\r\n\r\n

Definition of North Carolina Criminal Statutes of Limitations<\/p>\r\n<\/th>\r\n

A statute of limitations tells you the time frame when the prosecution must bring a charge for a crime.<\/p>\r\n<\/td>\r\n<\/tr>

North Carolina Criminal Statutes of Limitations Code Sections<\/p>\r\n<\/th>\r\n

North Carolina General Statutes section 15-1<\/a><\/p>\r\n<\/td>\r\n<\/tr>

North Carolina Criminal Statutes of Limitations for Felonies<\/p>\r\n<\/th>\r\n

A case for any felony can be started at any time<\/b>.<\/p>\r\n<\/td>\r\n<\/tr>

North Carolina Criminal Statutes of Limitations for Misdemeanors<\/p>\r\n<\/th>\r\n

A case for any misdemeanor that is not classified as a malicious misdemeanor must start within two years<\/b>.<\/p>\r\n

A case for a malicious misdemeanor can start at any time<\/b>. These misdemeanors contain an element of malice, which means the accused was malicious in carrying out the crime. <\/p>\r\n

Cases for the following misdemeanors must be started within 10 years<\/b>:<\/p>\r\n

Crimes in Which a Child Is a Victim<\/p>\r\n<\/th>\r\n

As outlined above, all felonies and malicious misdemeanors involving child victims have no statute of limitations, and many misdemeanor crimes against children must be started within 10 years.<\/p>\r\n<\/td>\r\n<\/tr>

Acts During Which Statute Does Not Run<\/p>\r\n<\/th>\r\n

n\/a<\/p>\r\n<\/td>\r\n<\/tr>

North Carolina Criminal Statutes of Limitations for Other Offenses<\/p>\r\n<\/th>\r\n