{"id":376935,"date":"2016-03-31T21:37:07","date_gmt":"2016-04-01T02:37:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-criminal-statute-of-limitations-laws.html"},"modified":"2025-04-24T10:37:20","modified_gmt":"2025-04-24T15:37:20","slug":"virginia-criminal-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-criminal-statute-of-limitations-laws.html","title":{"rendered":"Virginia Criminal Statute of Limitations Laws"},"content":{"rendered":"\n
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Virginia Criminal Statute of Limitations Laws<\/h1>\n
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\n By Christie Nicholson, 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

Every state has statutes of limitations that dictate how long it has to file criminal charges against a would-be defendant. The Commonwealth of Virginia has civil and criminal statutes of limitations<\/a>.<\/p>\r\n

If the state prosecutor fails to file formal charges<\/a> before the statute of limitations period expires, they’ll lose the right to do so.<\/p>\r\n

Here, we’ll explain how Virginia criminal statutes of limitations work and how they can impact your criminal case. We will also offer the statutes of limitations for specific felonies and misdemeanors<\/a>.<\/p>\r\n

If you’re facing criminal charges, hire a criminal defense lawyer<\/a> immediately.<\/p>\r\n

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

One of the primary reasons lawmakers established these time limits is to ensure fairness in the criminal justice system. Over time, evidence<\/a> can become stale, and witnesses’ memories deteriorate. Lawmakers want to ensure that the judges and juries determine guilt based on solid and reliable evidence.<\/p>\r\n

Another reason the courts enforce the statutes of limitations<\/a> is to prevent potential defendants from worrying about criminal charges for years (or decades).<\/p>\r\n

For some crimes, such as murder<\/a>, there are no statutes of limitations. These crimes are so heinous that lawmakers believe they are worth pursuing regardless of how much time goes by.<\/p>\r\n

Statutes of Limitations for Serious Felonies vs. Misdemeanors<\/b><\/h2>\r\n

The statutes of limitations are longer for serious crimes<\/a> than petty crimes and misdemeanors.<\/p>\r\n

In Virginia, there are no statutes of limitations for felonies. The prosecutor can wait years (or decades) to file criminal charges against a potential defendant. This means there is no statute of limitations for rape, arson<\/a>, burglary, kidnapping, murder, and manslaughter.<\/p>\r\n

But misdemeanors have strict statutes of limitations. For example, most misdemeanors have a one-year statute of limitations.<\/p>\r\n

Virginia law outlines how much time prosecutors have to pursue each criminal offense<\/a>. We’ll describe these filing deadlines in more detail below.<\/p>\r\n

When Does the ‘Clock’ Start Ticking?<\/b><\/h2>\r\n

In most cases, the statute of limitations starts<\/a> when the defendant commits the alleged offense. Of course, there are exceptions to this rule.<\/p>\r\n

The statute of limitations doesn’t necessarily start "ticking" when a suspect commits a crime. For example, the clock does not run if the suspect is out of state or on the run. If someone flees the state<\/a> after committing a crime, the clock will not start until they reenter it.<\/p>\r\n

In other situations, the court tolls<\/a> (pauses) the statute of limitations.<\/p>\r\n

Virginia Criminal Statute of Limitations at a Glance<\/b><\/h2>\r\n

The chart below highlights Virginia’s criminal statute of limitations. See the Related Resources section below for more information.<\/p>\r\n\r\n
Code section<\/th>\r\n

Virginia Code \u00a719.2-8<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Felonies<\/th>\r\n

There is no statute of limitations for the following crimes:<\/p>\r\n

Misdemeanors<\/th>\r\n

The statutes of limitations for most misdemeanor crimes is one year. But prosecutors have a longer timeframe for some misdemeanors.<\/p>\r\n

Two-year statute of limitations:<\/p>\r\n

Crimes against children<\/th>\r\n

There is no statute of limitations for the following crimes:<\/p>\r\n

Acts during which statute does not run<\/th>\r\n