In New York, certain severe felonies have no statute of limitations. A statute of limitations sets a deadline for the prosecution to file charges against a suspect. If a crime doesn’t have a statute of limitations, the threat of prosecution may continue indefinitely and you may have to live with that uncertainty. Crimes with no statute of limitations include:
- Murder in the first and second degrees
- First-degree kidnapping
- First-degree arson
- Terrorism (when the underlying offense is a Class A felony)
- First-degree conspiracy
- First-degree rape
- Criminal sexual act in the first degree
- Aggravated sexual abuse in the first degree
- Sexual conduct against a child in the first degree
- Certain first-degree drug crimes
- Incest in the first-degree
Most other felonies are subject to a five-year statute of limitations.
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 Some Crimes Have No 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 want to see justice served, no matter how much time has passed.
New York’s rule for these no-limit crimes is set out in N.Y. Crim. Proc. Law § 30.10(2)(a), which lists the specific offenses that can be charged at any time, no matter when they occurred.
If you find yourself facing criminal charges in New York, understanding that there may be no statute of limitations attached to your case is extremely important. It’s also important to have 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
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 covers both murder in the first degree and murder in the second degree both of which are Class A felonies.
Terrorism
Terrorism charges can also fall outside the statute of limitations in New York, but only when the underlying (“specified”) offense elevates the terrorism charge to a Class A felony. If there is an act or intent to cause injury or death through violence tied to a Class A or Class B felony, the terrorism charge is treated as a Class A-I felony, which is why it carries no time limit. However, when the underlying specified offense is instead a Class C, D, or E felony, the terrorism charge is classified only one category higher than that offense, which does not reach Class A. In that situation, the standard five-year felony deadline still applies.
Kidnapping in the First Degree
Kidnapping in the first degree is a Class A-I felony, and Class A felonies carry no statute of limitations. This top-tier charge can arise from several different aggravating factors, not only a victim’s death, including a demand for ransom, or restraining the victim for more than 12 hours combined with an intent to sexually abuse, inflict physical injury, terrorize the victim, or advance the commission of another felony. If the victim dies during the abduction, that is one additional path to the same Class A-I classification, but it is not the only one.
Arson in the First Degree
When a fire is intentionally set on a New York property and that building is occupied by other individuals, this is considered arson in the first degree and there is no statute of limitations. Arson in the first degree is a Class A-I felony.
Some 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. This includes criminal possession of a controlled substance in the first degree and criminal sale of a controlled substance in the first degree, both Class A-I felonies.
Conspiracy in the First Degree
This crime involves the planning or agreeing to commit a serious crime, such as a rape or murder, between a person over 18 and a person under 16. 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.
Criminal Sexual Act in the First Degree
This charge is the counterpart to first-degree rape but covers oral or anal sexual conduct accomplished by forcible compulsion, or committed against a victim incapable of consent. It is expressly named alongside rape in the first degree in New York’s no-statute-of-limitations rule, so it can be prosecuted at any time.
Aggravated Sexual Abuse in the First Degree
This charge covers causing serious physical injury or inserting a foreign object into a victim’s body during a sexual assault. Like rape in the first degree, it carries no statute of limitations.
Sexual Conduct Against a Child in the First Degree
This charge applies to repeated sexual conduct against a young child over a period of time and carries no statute of limitations.
Incest in the First Degree
Incest in the first degree applies when someone commits rape, criminal sexual act, aggravated sexual abuse, or course of sexual conduct against a child (all in the first degree) against a person known to be related as an ancestor, descendant, sibling, uncle, aunt, nephew, or niece.
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 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.
