Virginia Criminal Statute of Limitations Laws

Every state has statutes of limitations that dictate how long it has to file criminal charges against a would-be defendant. The Commonwealth of Virginia has civil and criminal statutes of limitations.

If the state prosecutor fails to file formal charges before the statute of limitations period expires, they'll lose the right to do so.

Here, we'll explain how Virginia criminal statutes of limitations work and how they can impact your criminal case. We will also offer the statutes of limitations for specific felonies and misdemeanors.

If you're facing criminal charges, hire a criminal defense lawyer immediately.

Why Do We Have Criminal Statutes of Limitations?

One of the primary reasons lawmakers established these time limits is to ensure fairness in the criminal justice system. Over time, evidence can become stale, and witnesses' memories deteriorate. Lawmakers want to ensure that the judges and juries determine guilt based on solid and reliable evidence.

Another reason the courts enforce the statutes of limitations is to prevent potential defendants from worrying about criminal charges for years (or decades).

For some crimes, such as murder, there are no statutes of limitations. These crimes are so heinous that lawmakers believe they are worth pursuing regardless of how much time goes by.

Statutes of Limitations for Serious Felonies vs. Misdemeanors

The statutes of limitations are longer for serious crimes than petty crimes and misdemeanors.

In Virginia, there are no statutes of limitations for felonies. The prosecutor can wait years (or decades) to file criminal charges against a potential defendant. This means there is no statute of limitations for rape, arson, burglary, kidnapping, murder, and manslaughter.

But misdemeanors have strict statutes of limitations. For example, most misdemeanors have a one-year statute of limitations.

Virginia law outlines how much time prosecutors have to pursue each criminal offense. We'll describe these filing deadlines in more detail below.

When Does the 'Clock' Start Ticking?

In most cases, the statute of limitations starts when the defendant commits the alleged offense. Of course, there are exceptions to this rule.

The statute of limitations doesn't necessarily start "ticking" when a suspect commits a crime. For example, the clock does not run if the suspect is out of state or on the run. If someone flees the state after committing a crime, the clock will not start until they reenter it.

In other situations, the court tolls (pauses) the statute of limitations.

Virginia Criminal Statute of Limitations at a Glance

The chart below highlights Virginia's criminal statute of limitations. See the Related Resources section below for more information.

Disclaimer: State laws are constantly changing. Contact a Virginia criminal defense attorney or conduct legal research to verify your state laws.

Learn More About Virginia Criminal Statute of Limitations Laws from a Lawyer

The Virginia courts strictly abide by the statutes of limitations. If the state doesn't pursue your criminal case until after the statute of limitations period expires, it must dismiss the charges against you. To ensure that the state handles your case properly, contact an experienced Virginia criminal defense attorney.

Virginia Criminal Statute of Limitations: Related Resources

• Virginia Civil Statute of Limitations
• Virginia Criminal Laws
• Virginia Statute of Limitations