Florida’s Criminal Statute of Limitations

Infractions, Misdemeanors & Felonies - Oh My!Florida’s criminal statute of limitations is a law which restricts prosecutors from charging someone with a crime that was committed more than a specified number of years ago. In, Florida, the exact crimes alleged determine the statute of limitations applicable in a particular case.

It is important to note that there is no statute of limitations for felony crimes that result in death, death penalty felonies, felonies that are punishable by life in prison, and perjury in an official proceeding associated with the prosecution of a capital felony (death penalty).

The list below provides basic information about Florida’s criminal statute of limitations. Additionally, there are other special offenses which maintain specific statute of limitations.

  • First-Degree Felony: Four years after the crime is committed.
  • Other Felonies: Three years after the crime is committed.
  • First Degree Misdemeanor: Two years after the crime is committed.
  • Second Degree Misdemeanor: One year after the crime is committed.
  • Noncriminal Violation: One year after the crime is committed.

If you have been accused of a crime and believe that the statute of limitations has expired, an experienced criminal defense attorney may be able to provide legal advice and assistance with your case. Call D’Lugo and DeFlora for consultation on criminal defense matters at 407.870.5551 or find us online at www.kissimmeefamilylaw.com

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