North Carolina Criminal Statute of Limitations Laws
State laws place limits on how much time prosecutors have to file criminal charges against suspects. These time limits are called criminal statutes of limitations. Most states have different limits for different types of crimes, but North Carolina is unique in this regard. North Carolina enforces a two-year statute of limitations for most misdemeanors, and there is no statute of limitations for felony offenses or crimes classified as "malicious" misdemeanors.
Why Do Criminal Statutes of Limitations Exist?
Criminal statutes of limitations exist to ensure fairness in the prosecution of a criminal offense by establishing a set time period, known as the limitations period, during which charges must be filed. This time limit helps uphold a defendant’s right to a speedy trial and ensures that evidence remains intact and that witnesses’ memories are reliable when a criminal case goes to trial.
In most other states, felony charges must be filed during a crime-specific statute of limitations. While some crimes, such as violent crimes, sex offenses, domestic violence, and sexual assault, may have extended or no limitations period, other offenses are subject to stricter deadlines. Criminal statutes of limitations help protect the integrity of the justice system by ensuring timely prosecution.
North Carolina Criminal Statutes of Limitations: At a Glance
North Carolina’s criminal statutes of limitations are unique. The table below offers a summary of how they work. For additional resources and information, FindLaw’s Criminal Law Basics section has you covered.
Definition of North Carolina Criminal Statutes of Limitations |
A statute of limitations tells you the time frame when the prosecution must bring a charge for a crime. |
|---|---|
North Carolina Criminal Statutes of Limitations Code Sections |
North Carolina General Statutes section 15-1 |
North Carolina Criminal Statutes of Limitations for Felonies |
A case for any felony can be started at any time. |
North Carolina Criminal Statutes of Limitations for Misdemeanors |
A case for any misdemeanor that is not classified as a malicious misdemeanor must start within two years. A case for a malicious misdemeanor can start at any time. These misdemeanors contain an element of malice, which means the accused was malicious in carrying out the crime. Cases for the following misdemeanors must be started within 10 years:
|
Crimes in Which a Child Is a Victim |
As outlined above, all felonies and malicious misdemeanors involving child victims have no statute of limitations, and many misdemeanor crimes against children must be started within 10 years. |
Acts During Which Statute Does Not Run |
n/a |
North Carolina Criminal Statutes of Limitations for Other Offenses |
|
Disclaimer: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult a North Carolina defense attorney or conduct your own legal research to verify the state law(s) you are researching.
North Carolina Criminal Statute of Limitations Laws: Related Resources
Need Help With North Carolina Criminal Statute of Limitations Laws? Talk to a Lawyer
If you’ve been charged with a crime or anticipate criminal charges in North Carolina, you’ll want to do whatever you can to present your side of the story and defend yourself. The best way to do this is to consult with a criminal defense attorney who has experience dealing with similar matters and can provide legal advice on how to proceed with your case.
Defendants may also seek assistance from the North Carolina Office of Indigent Defense Services if they cannot afford to hire a private attorney.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many North Carolina attorneys offer free consultations.
Stay Up-to-Date With How the Law Affects Your Life
Enter your email address to subscribe
Enter your email address to subscribe
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.