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.

Code section

Virginia Code §19.2-8

Felonies

There is no statute of limitations for the following crimes:

  • Murder
  • Rape
  • Forcible sodomy
  • Object sexual penetration
  • Aggravated sexual battery
  • Infected sexual battery
  • Arson
  • Other felony sex crimes
  • Attempted felonies

There is a five-year statute of limitations for the following crimes:

  • Unlawful creation of an image of another
  • Cruelty to animals

There is a one-year statute of limitations for cruelty to agricultural animals

Misdemeanors

The statutes of limitations for most misdemeanor crimes is one year. But prosecutors have a longer timeframe for some misdemeanors.

Two-year statute of limitations:

  • Malfeasance in office
  • Building code violations
  • Unlawful practice of law

Five-year statute of limitations:

  • Petit larceny
  • Violation of the Virginia Computer Crimes Act
  • Identity theft
  • Making false presentation under the Virginia Unemployment Compensation Act
  • Attempting to evade or the failure to pay taxes
  • Violation of laws on the discharge, dumping, or emission of toxic substances
  • Violations of the Virginia Real Estate Board rules
  • Falsifying patient records

Three-year statute of limitations

  • The illegal sales of wild birds, animals, or freshwater fish

Crimes against children

There is no statute of limitations for the following crimes:

The state has one year from the victim’s 18th birthday to file charges for the following illegal acts:

  • Misdemeanor attempted sexual battery of a minor
  • Sexual abuse of a child under 15
  • Penetration of the mouth of a child with lascivious intent
Acts during which statute does not run
  • Fleeing justice
  • Desertion to avoid paying alimony or child support

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

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