The statute of limitations acts as a bar on the prosecution of criminal
offenses, where prosecution is not commenced within a certain period of
time. As a general principle, the clock begins to tick the day after the
crime is committed. The full text of Florida's statute of limitations
in criminal cases is set forth in section 775.15. This post presents a
generalized overview of the time limitations applicable to the various
offense levels and classifications, as set forth in the statute, as well
as the exceptions. Specific questions should be directed to an experienced
criminal defense attorney in the St. Petersburg/ Clearwater/ Tampa area.
Prosecution of a criminal offense is typically initiated in one of two
ways. The first is where a probable cause is arrest is made at or near
the time the alleged crime is committed. Under these circumstances, the
investigating law enforcement officer makes the arrest and refers the
matter to the state attorney's office for a formal charging decision.
If the assigned prosecutor determines that there is reasonable likelihood
of successful prosecution, he or she will file a charging document which,
in Florida, is called an "information" (in first degree murder
cases, the charging document is called an "indictment", which
is filed after the case is presented to a grand jury). Under these circumstances,
prosecution is "commenced" when the charging document is filed
with the clerk of court.
The second manner in which prosecution is initiated is through a "non-arrested"
investigation. Here, the responding officer refers the matter to the state
attorney for prosecution without having made a physical arrest. If the
assigned prosecutor determines that there is a reasonable likelihood of
successful prosecution, he or she will file an information and a warrant
will be issued for the defendant's arrest (in a first degree murder
situation, the warrant is issued if the grand jury returns a true bill
and after the indictment is filed). There are a number of reasons why
a physical arrest is not made at the time the alleged crime is committed.
It may be that the crime is a misdemeanor and was not committed in the
officer's presence. Another reason may be that the officer does not
believe he or she has probable cause to make an arrest and more investigation,
by the state, is needed. The most obvious reason, however, is that the
accused person cannot be located. Under these circumstances, prosecution
is commenced when the charging document is filed provided that the warrant
issued on the charging document is executed, or returned, without "unreasonable
delay".
In this second scenario, as long as the warrant remains outstanding, prosecution
has not commenced. If the warrant remains unexecuted beyond the period
of limitations for that particular offense, then the state may be barred
from proceeding. It should be noted that the statute gives the state more
time when the defendant has no reasonably ascertainable residence in Florida
or is living outside the state of Florida. Where the accused has no reasonably
ascertainable address, the period of limitation otherwise applicable to
the offense is extended by up to three years. As of 1997, the period if
limitation is tolled for any period during which the accused is residing
outside the state of Florida, provided a charging document has been filed.
The periods of limitation are as follows:
- A prosecution for a capital felony, life felony, or felony that resulted
in death may be commenced at any time. These typically include homicide cases.
- A prosecution for a felony of the first degree must commenced within four
years after it is committed. First degree felonies include offenses such
as burglary/battery, armed burglary, many drug trafficking offenses, and
many classifications of sexual battery offenses.
- A prosecution for any other felony (i.e. second and third degree felonies)
must be commenced within three years after commission. Second degree felonies
include offenses such as sale or delivery of controlled substances, residential
burglary, dealing in stolen property, and many classifications of lewd
and lascivious molestation offenses. Third degree felonies include such
offenses as possession of controlled substances, burglary to a conveyance,
felony battery, and theft.
- A prosecution for a misdemeanor of the first degree must commenced within
two years after it is committed. First degree misdemeanors include offenses
such as DUI and battery.
- A prosecution for a misdemeanor of the second degree or a non-criminal
violation must be commenced within one year after it is committed. Second
degree misdemeanors include offenses such as disorderly conduct, disorderly
intoxication, and trespass.
There are, however, some exceptions to these general principles. For example,
a prosecution for perjury in an official proceeding that relates to a
capital felony may be commenced at any time. Prosecution for a felony
that resulted in injury to any person, when such felony arises from the
use of a destructive device, may be commenced within ten years. There
are a number of other exceptions for fraud, abuse of elderly persons,
and sexual offenses committed on minors. The statute also makes exception
for the period of limitation otherwise applicable where the identity of
the accused is established through DNA testing.
Over the years, Florida's statute of limitations in criminal cases
has become more complex and has made room for a number of exceptions and/or
extensions that previously did not exist. If you have been charged with
a criminal offense in the Tampa Bay area, including St. Petersburg, Clearwater,
or Tampa, and think there may be a viable statute of limitations defense
in your case, you are welcome to contact our office at any time. For a
more detailed discussion of Florida's statute of limitations in criminal
cases, see the "Statute of Limitations as a Defense" section of our website.