The Merriam-Webster Dictionary defines “statute of limitations” as “a statute assigning a certain time after which rights cannot be enforced by legal action or offenses cannot be punished.” In everyday language, we could say that the statute of limitations is the “expiration date” for charging a person with a crime. States typically have different limits on civil and criminal cases. Today, we’ll talk about Georgia’s statute of limitations for criminal charges. In criminal defense law, the statute of limitations sets the timeframe in which the state must initiate charges against the defendant in order to bring a case to trial. For example, if you are suspected of an act of arson, the state has 4 years from the time the crime was committed to formally charge you with arson. If the state brings charges 5 years after the event, you can request to have the case dismissed based on the statute of limitations. Because crimes have different levels of severity, the statute of limitations varies in length, and in cases where the suspect has gone into hiding or doesn’t live in the state, the time limits can sometimes be “tolled,” i.e., paused and then restarted. We’ll share some of the major categories of crimes and the statute of limitations for them, but because there are many exceptions and qualifications (for example, Georgia law makes provisions and exceptions in crimes against both minors and the elderly), it’s always best to talk to a criminal defense attorney to receive legal counsel.

No Statute of Limitations

There are two types of crimes for which there is no statute of limitations:

1. Murder
2. Serious crimes such as armed robbery, rape, or kidnapping when provable with DNA evidence

Other Categories of Crimes (Georgia law code: Ann. 17-3-1, 2, 2.1, 2.2)

• Rape: 15 years
• Crimes punishable by death or life imprisonment (e.g., kidnapping, armed robbery): 7 years
• Felonies against minors: 7 years
• Felonies (e.g., arson, burglary): 4 years
• Misdemeanors (e.g., disorderly conduct, traffic violations): 2 years

The list above provides a basic overview of the categories of crimes and their general charge “expiration dates.” Because criminal law is complex and nuanced, however, if you’ve been charged with a crime, no matter when or why it’s important for you to speak with a criminal defense lawyer who can examine your case thoroughly and advise you on a course of action.