Alabama Criminal Statute of Limitations

By Samuel Strom, J.D. | Legally reviewed by FindLaw Staff | Last reviewed April 04, 2025

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Most crimes in the state of Alabama have an applicable statute of limitations. In the context of criminal law, the statute of limitations is a period of time in which the prosecutor must file criminal charges against a defendant. If a prosecutor does not file charges within the statute of limitations, the court can no longer hear the case.

Statutes of limitations laws vary between states. In Alabama, most misdemeanors have a 12-month limitation period, and most felonies have a five-year limitation period. But some types of crimes, such as murder and arson, do not have a statute of limitations.

The following table summarizes Alabama's criminal statute of limitations laws.

Code sections

Alabama Code §§ 15-3-1 to 15-3-8
Felonies

Generally, felony offenses have a five-year statute of limitations period. (§ 15-3-1)

But the following felonies have no statute of limitations (i.e., there is no time limit to file them):

  • Any capital offense (e.g., various types of murder) (§ 15-3-5(1))
  • Felonies with the use, attempted use, or threat of violence (§ 15-3-5(2))
  • Felonies where serious physical injury or death resulted (§ 15-3-5(3))
  • Any sex offense involving a victim under 16 years old (§ 15-3-5(4))
  • Felonies involving arson (§ 15-3-5(5))
  • Felonies involving forgery (§ 15-3-5(6))
  • Felonies involving counterfeiting (§ 15-3-5(7))
  • Felonies involving drug trafficking (§ 15-3-5(8))

An action about the conversion of state or county revenue has a six-year limitation period. (§ 15-3-3)
Misdemeanors

All misdemeanors, unless otherwise stated, have a 12-month statute of limitations. (§ 15-3-2)

An action for unlawfully taking or using another person's property temporarily must begin within 30 days of the offense. (§ 15-3-4)
Acts during which statute does not run

If the prosecution stops with one indictment and later starts with another, the amount of time between indictments counts toward the last charged offense's limitations period. (§ 15-3-6)
Other

For purposes of the statute of limitations, a prosecution begins when any of the following occurs (§ 15-3-7):

  • A grand jury returns an indictment
  • A judge issues a warrant
  • The police place the defendant in jail
  • The defendant is out on bond or bail before trial

Note: State laws often change through the passage of new legislation, higher court rulings, and other means. Contact an Alabama criminal defense attorney or conduct your own legal research to verify the state laws you are researching.

Related Resources

Browse the links below for more information about Alabama laws and criminal law:

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