What is the Statute of Limitations for Criminal Charges in Missouri? The criminal statute of limitations in Missouri is the time period within which charges can be brought against an individual for a crime. In Missouri, as with other states, this timeline varies based on the severity of the offense. For more serious crimes like murder, there is no statute of limitations, meaning charges can be filed at any time. On the other hand, for lesser crimes, such as misdemeanors, there is a limited window in which charges can be brought against someone.
If you’re facing any kind of criminal charge in Missouri, even if you think the statute of limitations has passed, contact an experienced criminal defense lawyer immediately. You can contact us online or call Combs Waterkotte at (314) 900-HELP for a free case review.
The Purpose of the Statute of Limitations in Missouri
The statute of limitations is intended to ensure fairness in the legal process. Over time, evidence can be lost, memories may fade, and it becomes more difficult to present a reliable case. The statute of limitations helps to balance the right of the accused to a fair trial with the state’s ability to prosecute offenders. However, for serious crimes like murder, society’s interest in prosecuting remains, which is why there’s no time limit for those cases.
Missouri Statutes of Limitations for Different Types of Crimes
The statute of limitations for criminal cases is laid out in Missouri Revised Statute §556.036:
- No Statute of Limitations
Murder and Class A Felonies: For these serious crimes, including first-degree murder and certain violent crimes, charges can be brought at any time, no matter how many years have passed. Crimes without a statute of limitations are:
- Murder
- 1st Degree Rape
- Forcible Rape
- 1st Degree Attempted Rape
- Attempted Forcible Rape
- 1st Degree Sodomy
- Forcible Sodomy
- 1st Degree Attempted Sodomy
- Attempted Forcible Sodomy
- Any Class A Felony
- Five-Year Statute of Limitations
Some Class B Felonies: Certain Class B felonies, especially violent and destructive crimes, have a five-year limit for charges to be filed. The full list is:
- 1st Degree Arson
- 2nd Degree Arson
- 3rd Degree Arson
- Knowingly Burning or Exploding
- Three-Year Statute of Limitations
Other Felonies: For non-Class A felonies (such as theft, assault, and drug charges), the state generally has three years to file charges.
- One-Year Statute of Limitations
Misdemeanors: Less severe crimes, such as petty theft or minor drug possession, typically have a one-year statute of limitations.
- Special Cases:
Even if the regular time limit has expired, there are some exceptions where charges can still be brought:
- If a crime involved fraud or someone in a position of trust (like an employee), the state has up to one year after the crime is discovered to file charges.
- For misconduct by public officials, charges can be filed while the person is in office or within two years of them leaving office.
- Fraudulent claims of child support: The state has one year after discovering the fraud to file charges.
When Does the Clock Start?
The time limit starts ticking the day after the crime happens. However, for ongoing criminal activity, the time starts once the illegal conduct stops.
Stopping the Clock (Tolling the Statute of Limitations)
There are certain situations where the statute of limitations is paused, such as:
- If the defendant is not present in Missouri or is hiding to avoid prosecution, the statute of limitations may be paused until they can be located.
- If the accused is undergoing legal proceedings for the same crime or is found to be mentally unfit to stand trial.
- In cases involving sexual abuse of minors, the statute of limitations is extended. The countdown to file charges may not begin until the victim reaches adulthood.
- If the case involves DNA evidence: The clock stops from when the DNA evidence is processed until the suspect is identified.
What Happens if the Statute of Limitations Expires?
If the statute of limitations expires before charges are filed, the case is generally dismissed, and the defendant cannot be prosecuted for that crime. However, it’s important to note that legal proceedings need to be initiated before the deadline, not completed. This means that as long as charges are filed within the statute of limitations, the case can proceed even if the trial happens later.
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Understanding the statute of limitations is crucial if you’re facing criminal charges or believe you might in the future. Contact the experienced attorneys at Combs Waterkotte or call (314) 900-HELP to discuss your situation and make sure your rights are protected.
