Mississippi Criminal Statute of Limitations Laws
Every jurisdiction restricts how long the state can prosecute a defendant for a crime. These time limits are statutes of limitations. These laws ensure that a prosecutor (or plaintiff) can’t file a legal case based on stale evidence or witness testimony.
Here, we’ll discuss the limitations period for significant crimes in Mississippi. We will also explain what happens if the state fails to file a criminal case within the statute of limitations period.
If you’re facing criminal charges and think the state is charging you with an alleged crime beyond the limitations period, contact a criminal law attorney immediately.
Mississippi Criminal Statutes of Limitations at a Glance
Mississippi’s criminal statute of limitations says how long a prosecutor has to pursue criminal charges against a defendant. Most misdemeanors have a two-year statute of limitations in Mississippi. Serious felonies, like rape and murder, have no statute of limitations.
The following table lists the criminal statute of limitations in the state of Mississippi.
| Code section | Mississippi Code Section 99-1-5: Time Limitations |
|---|---|
| Felonies | The following crimes have no statute of limitation:
According to the Mississippi Rules of Criminal Procedure, there is no statute of limitations for the following crimes against children:
The following crimes have a five-year statute of limitations:
Fraud (general): Three years Other felonies: Two years |
| Misdemeanors | Two years |
| Tolling of statute of limitations |
|
| Other | If the state loses, destroys, quashes, or stops an indictment, the courts will add another year to the period of time in which the prosecutor can file charges. (Miss. Code §99-1-9) |
Disclaimer: State laws are always subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a criminal law attorney or conduct legal research to verify your state laws.
Hire a Mississippi Criminal Defense Attorney
Mississippi’s criminal statute of limitations laws regulate how long the prosecutor has to pursue criminal charges against a defendant. If you’re facing charges and think the state has missed its filing deadline, contact an experienced Mississippi criminal defense attorney immediately.
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