Arizona Criminal Statute of Limitations

By Samuel Strom, J.D. | Legally reviewed by FindLaw Staff | Last reviewed April 16, 2025

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In criminal law, statute of limitations laws establish time limits for prosecutors to file criminal charges against a defendant. The amount of time a prosecutor has to file these charges depends on the crimes they allege the defendants committed. Several dangerous crimes, including sex offenses and violent crimes, generally do not have a statute of limitations under state law.

If the state fails to file criminal charges within the statute of limitations, the court can no longer judge the case. In practice, the state can file criminal charges after the statute of limitations. But, a defendant can request the court to dismiss the case due to the late filing.

This article offers an overview of Arizona's criminal statute of limitations laws. It begins with a summary of statutes of limitation and why they exist. It then offers specific information about Arizona's criminal limitation periods, including a table listing several specific crimes and their applicable time periods. It concludes with a list of related resources and articles.

If you face criminal charges, contact a criminal defense attorney right away.

Statute of Limitations: Background

State legislatures determine the statute of limitations for crimes and civil offenses. Like crimes, civil offenses also have statutes of limitations. Civil statute of limitations laws apply time limits when a plaintiff must file a lawsuit.

Civil and criminal statutes of limitations help ensure everyone gets a fair trial. They also help preserve the integrity of evidence. For example, requiring the state to file criminal charges soon after a crime ensures that witnesses' memories are fresh.

Statutes of limitations also promote judicial efficiency. In the civil context, if someone files their claim within the statute of limitations, the case will typically resolve through either a settlement or through the courts. If they fail to file their cause of action within the applicable time limit, the court has no power to adjudicate it and clears up its docket for other fresh cases.

See Time Limits for Charges: State Criminal Statutes of Limitations for more information.

Criminal Statutes of Limitations in Arizona

Under Arizona law, most felonies have a seven-year statute of limitations. Misdemeanors have one-year limitation periods. The state must file charges for petty offenses within six months of the crime.

But, like most states, Arizona does not impose a time limit for serious offenses, like murder or violent sexual assault. So, the state may prosecute someone for these offenses regardless of when the crime happened.

The state begins a criminal prosecution when it files one of the following:

  • A complaint
  • An indictment
  • Information

Note also that federal and state crimes have statutes of limitations. So, if police charge you with a federal crime, a different limitation period may apply than if state police charge you.

Federal statutes of limitations apply only to federal crimes. Typically, those crimes happen on federal property or fall under federal jurisdiction. Mail fraud and burglary or vandalism of federal property are some examples of federal crimes.

Learn more about Arizona's criminal statute of limitations in the following table.

Code sections

Arizona Revised Statutes (A.R.S.) § 13-107
Felonies

The following felonies (including attempts to commit the crimes) do not have statutes of limitations (A.R.S. § 13-107(A)):

  • A sexual offense classified as a Class 2 felony
  • Child sex trafficking
  • Conspiracy to commit homicide that results in death
  • Engaging in, organizing, or soliciting an act of terrorism
  • Falsifying public records
  • Homicide
  • Misuse of public money
  • Sexual exploitation of a child
  • Terrorism
  • Unlawful use of an infectious biological substance or radiological agent
  • Violent sexual assault

If the charged offense is a Class 2 through Class 6 felony, the state must start prosecuting within seven years of the crime's occurrence. (A.R.S. § 13-107(B)(1))
Misdemeanors and petty offenses
  • Prosecution for misdemeanors: one year. (A.R.S. § 13-107(B)(2))
  • Prosecution for petty offenses: six months. (A.R.S. § 13-107(B)(3))
Crimes against children

The state can begin a prosecution concerning the sexual exploitation of a child at any time. (A.R.S. § 13-107(B)(1))
Acts during which statute does not run

The state can begin a prosecution for the sexual exploitation of a child at any time. (A.R.S. § 13-107(B)(1))

  • When the accused is outside of Arizona. (A.R.S. § 13-107(D))
  • When the accused has no reasonably findable home within Arizona. (A.R.S. § 13-107(D))
  • If the offense is a "serious offense" and the identity of the person who committed the offense is unknown. (A.R.S. § 13-107(E))
Other

If the state files a complaint, indictment, or information before the statute of limitations runs, and the court then dismisses the case, the state may begin a new prosecution within six months of the dismissal even if the statute of limitations had expired at the time of the dismissal or will expire within six months of the dismissal. (A.R.S. § 13-107(G))

Note: State laws are constantly changing. Contact an Arizona criminal defense attorney or conduct your own legal research to verify the state laws you are researching.

Arizona Criminal Laws Related Resources:

Browse the links below for more information about Arizona's statute of limitations and criminal laws. For more general information, visit FindLaw's Criminal Law section.

If you have specific questions about a criminal matter, hire a criminal defense lawyer.

Charged With a Crime in Arizona? A Defense Attorney Can Help

If police have charged you with misdemeanor or felony charges, contact a criminal defense attorney in the state of Arizona. Their legal advice can help you with specific defense strategies for the following criminal offenses, among many others:

  • Negligent homicide
  • Second-degree murder
  • Sex offenses
  • Aggravated assault
  • Armed robbery

Whether you have a criminal case in Phoenix or a misdemeanor charge in Mesa, a criminal defense attorney can help. They can offer advice and representation throughout the case and tell you about the Arizona statute of limitations laws applicable to your situation. Contact one today to get started on your legal defense..

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