Arizona Statute of Limitations for Criminal Offenses

Statutes of limitations define the period within which the government must initiate criminal charges against an individual. These legal deadlines are critical to ensuring timely justice, safeguarding defendants’ rights, and preserving the integrity of evidence. In Arizona, the statutes of limitations for criminal cases are governed by Arizona Revised Statutes (A.R.S.) § 13-107, which varies based on the severity and type of crime. If you or someone you love has been charged with a crime, you should speak with a criminal defense attorney in Arizona as soon as possible. 

What is the Statute of Limitations?

The statute of limitations is the legally mandated time frame within which the state must bring criminal charges. If the prosecution fails to initiate charges within the specified period, the defendant can move to have the case dismissed. These time limits ensure that criminal cases are brought to trial while evidence is fresh and witness testimony is reliable.

However, the statute of limitations is not absolute. Certain factors, such as the severity of the offense or the defendant’s absence from the state, may pause (or “toll”) the limitations period. Additionally, for some crimes—like homicide—there is no time restriction, reflecting their severity and the state’s interest in ensuring justice.

Purpose of the Statute of Limitations

• Timely Prosecution: Encourages cases to be filed while evidence and memories are still intact.
• Fairness to Defendants: Protects individuals from being indefinitely at risk of prosecution for old allegations.
• Judicial Efficiency: Discourages stale cases where evidence may no longer be reliable or available.

Statute of Limitations by Offense in Arizona

Arizona law classifies crimes into felonies, misdemeanors, and petty offenses, with varying statutes of limitations based on the offense’s seriousness. Some offenses, particularly those involving violence or child victims, have no time limits due to their grave nature.

Extremely Serious Offenses: No Statute of Limitations

In Arizona, certain crimes are deemed so egregious that they can be prosecuted at any time, regardless of how much time has passed since their commission:

1. Homicide: Includes all degrees of murder and manslaughter.
2. Class 2 Felony Sexual Offenses Involving a Minor Under 15: This includes crimes like child molestation, sexual conduct with a minor, and sexual exploitation.
3. Violent Sexual Assault: A violent sexual assault pursuant to A.R.S. § 13-1406 includes sexual offenses involving extreme violence or force.
4. Misuse of Public Money: Reflects the state’s priority in maintaining public trust.
5. Armed Robbery: Involving the use of a weapon to intimidate or harm victims.
6. Terrorism: Involving a significant threat to public safety and national security, such as the use of an infectious biological substance to harm people.

These crimes (such as if you commit homicide) are excluded from time limitations because of their profound impact on victims and society. They will also be a part of your criminal records and public records. 

Felony Offenses: 7-Year Statute of Limitations

Felonies are serious crimes that carry significant penalties, including prison time. For most felonies, Arizona law provides a 7-year statute of limitations:

• Class 2 to Class 6 Felonies include theft, burglary, aggravated assault, and arson.
• Starting Point: The statute of limitations begins when the crime is committed or, in some cases, when it is discovered. For example, a felony involving falsification of records may have a delayed starting point under the discovery rule.

Misdemeanors: 1-Year Statute of Limitations

Misdemeanors, which are less severe than felonies, have a 1-year statute of limitations. These include offenses such as:

• Trespassing
• Disorderly conduct
• Simple assault (non-aggravated)

The shorter time frame reflects the lower level of harm typically associated with these offenses.

Petty Offenses: 6-Month Statute of Limitations

Petty offenses are minor infractions, often punishable by fines rather than jail time. In Arizona, the statute of limitations for petty offenses is 6 months. Examples include:

• Littering
• Minor traffic violations
• Noise complaints

Although less severe, these offenses still have a defined limitation period to ensure timely resolution.

Exceptions and Tolling of the Statute of Limitations

While the statutes of limitations establish clear timeframes, exceptions exist to address specific circumstances. These exceptions may toll or temporarily pause the countdown, effectively extending the prosecution’s window to file charges.

Tolling: Suspension of the Time Limit

Under A.R.S. § 13-107(E), tolling applies in the following scenarios:

1. Defendant’s Absence from Arizona: If the accused flees or resides outside the state, the limitations clock pauses until they return. This prevents individuals from evading prosecution by simply leaving Arizona’s jurisdiction.
2. Unavailability of Evidence or Witnesses: In some cases, the clock may pause if critical evidence or witnesses cannot be immediately located.

Tolling ensures that defendants cannot exploit the limitations period to avoid justice.

Crimes Involving Minors

Crimes against minors often have extended or unlimited statutes of limitations. For example:

• Class 2 Felony Sexual Offenses Involving Minors Under 15: No statute of limitations applies to these offenses.
• Other Sexual Offenses Involving Minors: The clock may start at the victim’s 18th birthday, ensuring they have the opportunity to come forward as adults.

The rationale for this extension is the recognition that victims of child abuse may require time to process and report their trauma.

Discovery Rule

For certain offenses, the statute of limitations begins not when the crime is committed but when it is discovered or should have reasonably been discovered. This rule primarily applies to:

• Fraud: Cases involving deception or financial schemes may only be uncovered years later.
• Embezzlement: Employers may not detect stolen funds until routine audits or other financial reviews.

This actual discovery provision ensures that perpetrators of concealed crimes cannot escape prosecution simply by delaying detection.

What Happens if the Criminal Statute of Limitations Expires?

If the Arizona statute of limitations criminal has expired, the defendant may file a motion to dismiss the case. Courts are generally strict in enforcing these time limits, and charges are typically rejected if prosecution is time-barred. However, proving that the statute of limitations has expired usually requires top legal representation because the prosecution may claim that they exercised “reasonable diligence” in locating the defendant after the crime occurred.

FAQs on Arizona Criminal Statute of Limitations

Can the statute of limitations restart if new evidence is discovered after the original period expires?

No, the statute of limitations generally does not restart once it expires, even if new evidence is discovered. However, in cases involving fraud or crimes with a delayed discovery rule, the limitations period begins when the crime is reasonably discovered, not when it occurred. 

Does Arizona’s statute of limitations apply to crimes committed outside the state?

If the crime occurred outside Arizona but is prosecuted under Arizona law, the statute of limitations still applies as outlined in A.R.S. § 13-107. However, it is essential to note that Arizona state laws apply only to state-level crimes (not to federal crimes). If a crime violates both state and federal laws, federal statutes of limitations may apply.

Does the statute of limitations apply to attempts to commit crimes in Arizona?

Yes, the statute of limitations applies to attempted crimes, and the time limit corresponds to the classification of the underlying offense. For example, an attempted felony theft would carry the same seven-year statute of limitations as the completed offense.

How does Arizona handle the statute of limitations when a crime involves multiple offenses?

For crimes involving multiple offenses or a continuing pattern of behavior (e.g., embezzlement over several years), the statute of limitations may start from the date of the last offense, as these are considered a “continuing crime.” This principle prevents offenders from escaping prosecution by compartmentalizing their actions.

What happens if a suspect was charged within the statute of limitations but fled before trial?

If charges are filed within the statute of limitations and the defendant flees, the limitations period is tolled (paused). This means the clock stops running until the defendant is apprehended and brought back to face the charges. This rule ensures that fleeing suspects cannot evade justice by delaying their capture.

Can the statute of limitations be challenged if a crime is reclassified after the fact?

If a crime’s classification changes after it was committed—such as being elevated from a misdemeanor to a felony—the statute of limitations applicable at the time of the offense is generally upheld. Retroactive changes to classification do not typically alter the original limitations period.

Does the statute of limitations apply to conspiracy charges in Arizona?

Yes, conspiracy charges are subject to the statute of limitations, which begins when the last overt act in furtherance of the conspiracy occurs. This timeline ensures that conspirators cannot avoid prosecution by delaying their actions.

Can tolling apply if the victim of the crime is unaware of the injury or harm caused?

Yes, under the discovery rule, the statute of limitations may be tolled if the victim was unaware of the harm caused by the crime. This is especially relevant in cases of fraud, financial crimes, or crimes with latent consequences, such as environmental violations.

Are there any special rules for crimes involving DNA evidence?

Yes, Arizona permits the prosecution of certain crimes, such as sexual offenses, beyond the standard statute of limitations if DNA evidence identifying the perpetrator is discovered later. This exception ensures justice in cases where technology advances allow for identification years after the crime occurred.

Can civil and criminal statutes of limitations run concurrently for the same offense?

Yes, but the timelines are distinct. A criminal statute of limitations governs the prosecution of the crime, while a civil statute of limitations applies to lawsuits seeking damages. The criminal case can proceed independently of the civil case, even if the time limit expires.

Are there exceptions for military service members charged with crimes in Arizona?

Yes, if a defendant is actively serving in the military and is deployed outside Arizona, the statute of limitations may be tolled during their absence. This ensures that their inability to attend court does not obstruct justice.

Can restitution or settlement agreements affect the statute of limitations for criminal prosecution?

No, restitution or private settlement agreements do not extend, pause, or reset the statute of limitations for criminal charges. However, they may influence the prosecution’s decision to pursue or drop charges.

Is the statute of limitations different for crimes involving non-citizens or undocumented individuals?

The statute of limitations applies equally to all individuals, regardless of citizenship or immigration status. However, if a suspect leaves the country, the statute may be tolled until their return to U.S. jurisdiction.

Does Arizona’s statute of limitations apply to computer or cybercrimes?

Yes, cybercrimes are subject to the same statute of limitations as their traditional counterparts, depending on the severity of the offense. For example, felony-level cybercrimes, such as hacking or identity theft, typically have a seven-year limit.

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