Florida Criminal Statute of Limitations
|Statute of Limitations|
Frequently Asked Questions
How long can prosecutors wait to go forward on a criminal case?
What is the Statute of Limitations for criminal cases in Florida?
The Florida Criminal Statute of Limitations, Theft, Drug and general Felony Statutes of Limitations sometimes depends on the nature of the criminal charges. Under Florida law:
- Second degree misdemeanor must commence within one (1) year of the alleged incident;
- First degree misdemeanor has two (2) years to commence prosecution;
- First Degree (1st) felonies are 4 years; and
- All other felonies (2nd and 3rd Degree) are 3 years.
775.15 Time limitations; general time limitations; exceptions.—
(a)A prosecution for a felony of the first degree must be commenced within 4 years after it is committed.
(3)An offense is committed either when every element has occurred or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant’s complicity therein is terminated. Time starts to run on the day after the offense is committed.