In Arizona, if you are under investigation, were arrested without charges being filed, or have had a charge scratched or dismissed without prejudice, you may not be in the clear. Unfortunately, there are several reasons cases may not be immediately prosecuted and it is important to understand the laws governing the timelines in which the State can file charges against you (also known as the statute of limitations under ARS §13-107). The chart below has been provided for easy reference.
| Category of Crime | Statute of Limitations |
| Serious Felonies such as murder, manslaughter, violent sexual assault, misuse of public money, sexual exploitation of a minor, falsifying public records | No time limit |
| Other Felonies (including class 2 through 6) | 7 years from the date of violation or 1 year from the date of dismissal, whichever is later |
| Misdemeanors | 1 year from date of violation, or 6 months from date of dismissal, whichever is later |
| Petty offenses | 6 months from the date of violation |
It should be noted that there are exceptions to the above rules and at times, there are legislative changes. Arizona law dictates that the period of limitation does not run while the suspect is absent from the state or does not have a known residence in Arizona. In addition, time limitations for any “serious offense” (defined in ARS §13-706) does not begin when the offender’s identity is unknown. These serious offenses include, but are not limited to, child sex trafficking, sexual assault, and armed robbery. Finally, Arizona’s clock starts running when the crime is, or should have been discovered – not necessarily when the crime actually occurred. This can allow additional time for the State to prosecute a crime. A knowledgeable criminal defense attorney can help you understand the timelines that pertain to your specific situation.
In the event you or a loved one are currently under investigation, an experienced attorney is invaluable to advise you during this time and/or to speak with the police on your behalf. If you have been arrested for a crime that was alleged to have occurred many years in the past, you will need a strong advocate to fight for you, to identify whether the alleged crime is time barred because of a statute of limitations, and to provide strong character evidence on your behalf. The attorneys at Castillo Law are available to provide their expertise to you 24/7 for emergencies at 480-206-5204.