{"id":377200,"date":"2016-03-31T21:37:16","date_gmt":"2016-04-01T02:37:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/west-virginia-law\/west-virginia-criminal-statute-of-limitations-laws.html"},"modified":"2025-06-03T10:33:34","modified_gmt":"2025-06-03T15:33:34","slug":"west-virginia-criminal-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/west-virginia-criminal-statute-of-limitations-laws.html","title":{"rendered":"West Virginia Criminal Statute of Limitations Laws"},"content":{"rendered":"\n
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West 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

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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 laws that limit how long prosecutors have to pursue criminal charges against a would-be defendant. The West Virginia Criminal Code specifies the criminal statute of limitations<\/a> period for all felonies and misdemeanors.<\/p>\r\n

In some states, there are no time limits for serious crimes like murder<\/a> or sex crimes against children<\/a>. West Virginia law imposes no time limits on felonies except perjury, which has a three-year statute of limitations period.<\/p>\r\n

This article examines how the criminal statutes of limitations work in West Virginia. It also explains how West Virginia’s law differs from those of other states<\/a>. If you still have questions about the statute of limitations in your criminal case, contact an experienced West Virginia criminal defense attorney<\/a>.<\/p>\r\n

What West Virginia Statutes of Limitations in Criminal Cases Do<\/b><\/h2>\r\n

Statutes of limitations<\/a> ensure prosecutors charge criminal suspects promptly and that factfinders determine guilt using reliable and credible evidence. Over time, witnesses\u2019 memories can change or fade. There is also the chance that the prosecutor\u2019s office or a defense attorney may lose evidence.<\/p>\r\n

In most states, the general rule is that there are strict filing deadlines for most felonies and misdemeanors<\/a>. It\u2019s different in West Virginia, where there are no time limits for felonies. Lawmakers are more concerned with pursuing justice for victims than tossing a case out over the integrity of evidence at criminal trials.<\/p>\r\n

The West Virginia Supreme Court maintains strict statutes of limitations for civil cases. For example, if you\u2019re in a car accident<\/a> and need to sue the other driver, you only have two years to do it. The same is true for wrongful death. If your loved one dies due to someone else\u2019s negligence, the statute of limitations is two years to sue the responsible party.<\/p>\r\n

FindLaw\u2019s West Virginia Civil Statute of Limitations Laws<\/a> article has more information about the filing deadlines for civil actions, including:<\/p>\r\n