Georgia Criminal Statute of Limitations Laws

Prosecutors have time limits for filing criminal charges against defendants, called statutes of limitations. These limits help ensure fresh evidence, whether eyewitness testimony or physical evidence.

As in other states, Georgia's criminal statute of limitations laws allow longer time periods to file charges (legal action) for rape, crimes against children, and other criminal offenses where victims may not report the crime until years later.

This article will discuss details on statutes of limitations in Georgia criminal cases. If you're facing criminal charges, hire a criminal defense attorney right away.

Georgia Laws At a Glance

The following table shows the basics of Georgia criminal statute of limitations laws. The statute lists specific felonies and their corresponding time frames for bringing charges. Those not listed have a four-year statute of limitations. All misdemeanors have a two-year statute of limitations. See Details on State Criminal Statute of Limitations for more information.

Code sections

Georgia code sections 17-3-1 to 17-3-3

Felonies
  • There is no time limit for murder cases
  • Cases for forcible rape must begin within 15 years
  • Cases for other crimes punishable by death or life imprisonment must begin within seven years
  • Cases for other felonies must begin within four years. But if the victim is a minor, the time limit is seven years
Misdemeanors

Cases for misdemeanors must begin within two years.

Crimes against children
  • If a time limit for the crime is not already specified, cases for crimes against minors must begin within seven years of the crime
  • When the victim of crimes such as rape, sodomy, incest, and child molestation is younger than 16 years of age at the time of the crime, the time limit starts when the victim turns 16 or when the violation is reported, whichever is earlier
Acts during which statute does not run

The time limit does not run when:

  • You are not a resident of Georgia
  • Your identity is unknown
  • The crime is unknown
  • You are a government officer or employee charged with theft by conversion of property committed while you were in that position
  • You are a guardian or trustee charged with theft by conversion of the property of your ward or beneficiary

If the victim of any crime is 65 or older at the time of the crime, the time limit does not start until the violation is reported or discovered by the authorities, whichever is earlier. Unless the general time limit for the crime is more than 15 years, a case must get filed within 15 years.

Other
  • If a case begins and then later stops, the time limit gets extended by 6 months from the time it stopped
  • If DNA evidence establishes who committed a crime of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery, there is no limit on the amount of time for starting the case

Note: State laws are constantly changing — contact a Georgia criminal defense attorney or conduct your own legal research to verify the state laws you are researching.

Research the Law

Georgia Criminal Statute of Limitations Laws: Related Resources

Have Questions About Georgia's Criminal Statutes of Limitations? Ask a Lawyer

Depending on the severity of the crime, a conviction can deprive you of your freedom for months or years and can have lasting impacts on your life. If law enforcement officers have charged you with an alleged offense in the state of Georgia, it's best to get legal advice from a criminal defense attorney. Whether you're accused of a DUI or other serious felonies, they will protect your rights and defend you in court.

Was this helpful?

Can I Solve This on My Own or Do I Need an Attorney?

  • Complex criminal defense situations usually require a lawyer
  • Defense attorneys can help protect your rights
  • A lawyer can seek to reduce or eliminate criminal penalties

Get tailored advice and ask your legal questions. Many Georgia attorneys offer free consultations.

 

If you need an attorney, find one right now.