From the bustling streets of downtown New York City to the rural landscapes of the Finger Lakes or the Adirondacks, the state of New York follows very strict laws and regulations when it comes to criminal concepts. One of these concepts, referred to as the statute of limitations, sets a deadline for the prosecution to file charges against a suspect. What happens, though, when a crime goes unreported for years, and what crimes have no statute of limitations in New York?
In New York, certain crimes can be prosecuted at any point in time, no matter how much time has passed since said crime was allegedly committed. These crimes are considered to have no statute of limitations, meaning that legal action can be taken against a suspect long after the crime was originally committed.
These rules are a vital part of the criminal justice system, and if you find yourself facing a criminal charge, understanding the statute of limitations is crucial to the outcome of your case.
Defining the Statute of Limitations in New York
From criminal to civil law, a statute of limitations is a criminal justice concept that states the longest amount of time in which a person can claim their rights or bring a case forward to the legal system. The length of an established statute of limitations typically depends on two factors. These factors include:
- -The kind of offense that has allegedly been committed
- -The place of jurisdiction, or where the crime allegedly took place
So why do certain crimes find themselves exempt from a statute of limitations? Typically, these crimes are exempt because of their intense fallout or their impact on the victims. Additionally, these crimes are considered particularly heinous or severe, and the courts desire to prevail in justice, no matter how much time has passed.
If you find yourself facing criminal charges in New York, such as those for murder in Rochester or certain drug crimes in Buffalo, understanding that there may be no statute of limitations attached to your case is extremely important. Just as important, too, is having an attorney on your side who can assist you through every step of your case and be there to help ensure your rights and freedoms are protected.
Crimes in New York with No Statute of Limitations
In the state of New York, no matter where in the state a crime has supposedly been committed, there are several crimes, most of them considered to be “heinous,” that have no statute of limitations under state law. These crimes include the following:
- -Murder. In New York, homicide rates currently stand at 4.5 every year for every 100,000 residents. When prosecuting murder crimes, the parties involved, such as the police and the courts, do not adhere to any statute of limitations. This is why you often hear of cold cases finally being solved or charges being filed against alleged murderers years after the fact. This rule seeks to cover both murder in the first and second degree.
- -Terrorism. Another crime that does not adhere to a statute of limitations in New York is that of terrorism. Legal actions can be taken at any time against a supposedly guilty or suspected party, even if the crime itself was committed years in the past. Alleged acts of terrorism are typically severe and a threat to public safety. If there is an act or intent to cause injury or death through violence, this can be considered an act of terrorism.
- -Kidnapping in the first degree. It has been long-standing that the state of New York has treated cases of alleged kidnapping with utmost severity. If specific factors are involved in the crime, it can be considered a major criminal act and will not have a statute of limitations attached to it. If the kidnapping results in a death, the most serious form of kidnapping, there is no statute of limitations involved.
- -Arson in the first degree. When a fire is intentionally set on a property, such as an apartment complex in Ithaca, and that building is occupied by other individuals, this is considered arson in the first degree and does not adhere to any kind of statute of limitations. In New York, the current rate of arson crimes is 0.0581 per 1,000 residents.
- -Certain drug crimes. For certain serious drug crimes, such as the criminal possession of a controlled substance or the sale of a controlled substance in the first degree, there is no statute of limitations involved.
- -Conspiracy in the first degree. This crime involves the planning or agreeing to commit a serious crime, such as a rape or murder. No statute of limitations is attached to these crimes.
- -Rape in the first degree. This is considered to be one of the most serious crimes in New York and includes the act of forced sexual penetration or intercourse. Prosecuting a rape crime does not involve any statute of limitations.
FAQs
Why Is it Important to Understand the Statute of Limitations in NY?
There are several reasons why it is important that individuals understand the statute of limitations for specific crimes. This is so that the victims or plaintiffs in a case understand their time frame for pursuing legal actions, for defendants to understand their rights during allegations, and to ensure that lawyers are consulted in a timely manner.
How Much Does It Cost to Hire a Criminal Defense Lawyer in NY?
It can be difficult to offer an exact number as to how much it may cost to hire a criminal defense lawyer in New York, as there are often many factors that can play into the final cost analysis of your attorney. These factors include the duration and complexity of the case and the skill level and experience of your lawyer.
How Long Does a Criminal Charge Case Take in NY?
The time it takes for a criminal charge case to process through the New York courts and reach a verdict will ultimately depend on certain factors involved in the case. These factors involve the complexity of the charges themselves, the availability of the evidence, and the availability of the courts.
What Is the Shortest Statute of Limitations for a Crime in NY?
Many petty offenses in New York only adhere to a short statute of limitations. These offenses can include minor traffic violations, such as passing a stop sign without stopping or speeding. They can also include certain minor penal law offenses like disorderly conduct or harassment. Typically, these offenses run under a one-year statute of limitations.
Speak with a New York Criminal Defense Lawyer Today
If you have been accused of a crime in New York and need to know how the state statute of limitations might affect your case, the seasoned attorneys at the Law Offices of Robert Tsigler, PLLC, are here to help. Contact our offices today to schedule an initial consultation with our team.
