West Virginia Criminal Statute of Limitations Laws

Every state has laws that limit how long prosecutors have to pursue criminal charges against a would-be defendant. The West Virginia Criminal Code specifies the criminal statute of limitations period for all felonies and misdemeanors.

In some states, there are no time limits for serious crimes like murder or sex crimes against children. West Virginia law imposes no time limits on felonies except perjury, which has a three-year statute of limitations period.

This article examines how the criminal statutes of limitations work in West Virginia. It also explains how West Virginia's law differs from those of other states. If you still have questions about the statute of limitations in your criminal case, contact an experienced West Virginia criminal defense attorney.

What West Virginia Statutes of Limitations in Criminal Cases Do

Statutes of limitations ensure prosecutors charge criminal suspects promptly and that factfinders determine guilt using reliable and credible evidence. Over time, witnesses’ memories can change or fade. There is also the chance that the prosecutor’s office or a defense attorney may lose evidence.

In most states, the general rule is that there are strict filing deadlines for most felonies and misdemeanors. It’s different in West Virginia, where there are no time limits for felonies. Lawmakers are more concerned with pursuing justice for victims than tossing a case out over the integrity of evidence at criminal trials.

The West Virginia Supreme Court maintains strict statutes of limitations for civil cases. For example, if you’re in a car accident and need to sue the other driver, you only have two years to do it. The same is true for wrongful death. If your loved one dies due to someone else’s negligence, the statute of limitations is two years to sue the responsible party.

FindLaw’s West Virginia Civil Statute of Limitations Laws article has more information about the filing deadlines for civil actions, including:

• Breach of contract
• Personal injury
• Medical malpractice
• Legal Malpractice
• Nursing home abuse
• Product liability
• Property damage

If you retain an injury attorney to handle your personal injury case, they must file your suit within the West Virginia statute of limitations period. The statute of limitations period starts to run on the date of the injury. If your attorney fails to file your personal injury claims within the statutory time period, you’ll lose your chance to pursue damages altogether.

West Virginia Criminal Statute of Limitations at a Glance

The following chart summarizes the criminal statute of limitations in West Virginia.

Disclaimer: State laws change all the time. Contact a West Virginia criminal defense attorney or conduct legal research to verify the criminal laws in your state.

Related Resources

• Learn About Criminal Law
• West Virginia Civil Statutes of Limitations
• Types of Criminal Charges
• Find an Experienced West Virginia Criminal Defense Lawyer
• Attorney-Client Relationship
• Discovery Rule

Have Questions? Seek Legal Advice From a West Virginia Criminal Defense Attorney

If you’re facing criminal charges in West Virginia, there’s a good chance the state can take as long as it wants to pursue its case. It’s a good idea to seek legal advice from an attorney with experience in criminal law. Whether the state claims you committed sexual assault, assault and battery, or larceny, you could be facing severe penalties. It’s best to have an experienced attorney by your side.