Are You Aware of the Statue of Limitations on a Criminal Charge in Florida?

If you’re convicted, charged, or even suspected of committing a crime, there are statue of limitations in South Florida depending on the type of crime chargeable. With everything, there are always exemptions that apply, however, should you find yourself tangled in a case where your crime went beyond the statue of limitations in Florida, you may want to contact a criminal defense lawyer in Florida to help guide you with handling this complicated matter.

Lets’ be clear on the types of charges and what they entail.

• A misdemeanor -is a non-indictable offense applicable to minor charges that are punishable actions. The prosecution for a misdemeanor in the 1^st degree must be initiated within two years after being committed. The prosecution for a misdemeanor of the 2^nd degree, or a non-criminal infraction, must be initiated within one year after it is committed. Should your charge go beyond one to two years without being subjected to the appropriate punishment, there’s a chance you can no longer be charged with the crime

Types of Misdemeanors:

• Petty theft
• Prostitution
• Public intoxication
• Simple assault
• Disorderly conduct
• Trespassing
• Vandalism
• Reckless driving

 

• A felony– which is higher up on the scale in regards to the severity of the crime, is usually subjected to at least one year in prison. The statue of limitations differs based on the type of crime. The prosecution for a felony of the first-degree must be initiated within four years after it is committed. Any other felony must be commenced within three years after it is committed. Again, there are times where the statue of limitation varies based on the crime, so speaking with a criminal defense attorney in Florida may better provide you with accurate information.

Some examples of what constitutes as a felony include:

• Burglary
• Rape
• Arson
• Homicide
• Robbery
• Larceny
• Break out of prison
• Actively engaged in proving assistance in a felony

Unlike a misdemeanor, there are some crimes that are exempt from statue of limitations, meaning you can literally be charged years after you’ve committed the crime. Someone who commits a crime of this nature may result in being punished with life in prison or worse- subjected to the death penalty. As stated by the Florida Legislature online site, someone who is prosecuted for a capital felony or life felony that resulted in death can be convicted at any time.

Being suspected of a crime does not necessarily mean you will get charged or convicted of it, however, in the event you find yourself possibly facing criminal fines and/or jail time that went  beyond the statue of limitations, seek a recommended criminal defense attorney in South Florida, such as Leader & Leader P.A.  who can investigate your case, and possibly help you determine whether or not your charge is still applicable or not.