Discovering that you’re being accused of a crime from years ago can be deeply unsettling—especially when you know you did nothing wrong. You may have built a life, a career, and a reputation, only to have an unexpected allegation from the past suddenly resurface. The uncertainty of what comes next can leave anyone feeling anxious and unsure where to turn.
In Georgia, however, there are important legal protections in place. The law limits how long prosecutors have to bring criminal charges, ensuring fairness and preventing cases from moving forward when evidence has faded with time. Understanding these rules—known as the statute of limitations—can be a critical step in protecting your rights and your future.
Facing criminal charges in Gwinnett County is a serious matter, regardless of when the alleged event occurred, and you should not navigate this challenge alone. If you or a family member is worried about old charges or has recently been arrested, contact Crawford and Boyle, LLC immediately for the powerful protection your future deserves at (678) 726-5400.
What is the Statute of Limitations in Criminal Cases?
The legal concept that sets a time limit for the government to bring criminal charges is the statute of limitations. Think of it as a time clock. Once a crime is committed, the clock starts ticking. If the government fails to file formal charges—such as an indictment or accusation—before that clock hits zero, they lose the ability to prosecute the case.
Why Do These Time Limits Exist?
The statute of limitations is a vital safeguard in the justice system. It is designed to ensure a fair process for everyone involved:
- Reliable Evidence: Over time, evidence can be lost, destroyed, or degraded. Physical evidence becomes harder to rely on, and witness memories fade. The limits encourage timely investigations when the facts are fresh.
- Fairness to the Accused: It prevents individuals from living under the indefinite threat of prosecution for a past mistake. Once the time limit passes, you should be able to move forward without that cloud hanging over you.
- Protecting Your Defense: If you are charged years later, it is much harder for you to gather defense evidence, locate witnesses, or reconstruct events. The time limit helps maintain balance.
If charges are filed after the legally defined period has expired, a committed criminal defense team can step in and argue to have the entire case dismissed.
The Time Limits for Georgia Criminal Charges
The length of the statute of limitations in Georgia depends entirely on the type and severity of the crime. Generally, less serious crimes have a shorter time limit, while the most violent crimes have much longer limits—or sometimes, no limit at all.
Misdemeanors: Two-Year Limit
A misdemeanor is a less serious crime, typically punishable by a maximum of 12 months in a county jail and/or a fine.
- The Rule: The State has two years from the date the misdemeanor was committed to file charges.
- Examples: Traffic offenses (like first offense DUI, simple battery, shoplifting low-value goods, or simple possession of marijuana).
If you are charged with a misdemeanor offense that happened more than two years ago, a challenge based on the statute of limitations is often a strong first defense.
Felonies: Four and Seven-Year Limits
Felonies are more serious crimes, punishable by time in a state prison (more than one year). The limits for felonies are usually four or seven years.
- Most Felonies (Four Years): Prosecution for most general felonies must begin within four years of the crime. This includes crimes such as theft, burglary, and general drug charges.
- Serious Felonies (Seven Years): A seven-year time limit applies to crimes punishable by death or life imprisonment. This category includes offenses like armed robbery and kidnapping.
Special Rules for Crimes Against Children
Georgia law provides extended limits for crimes where the victim was a minor at the time the offense occurred.
- Victims Under 18: If the victim of a general felony was under 18, the prosecution window is extended to seven years.
- Victims Under 16 (Certain Sex Crimes): For certain serious sex crimes like child molestation or statutory rape committed against a victim under 16, the time clock generally does not even begin to run until the victim turns 16 or the crime is reported, whichever comes first. This means prosecution can sometimes occur decades after the event.
When There is NO Statute of Limitations (The Clock Never Stops)
It is crucial to understand that the State has an unlimited amount of time to file charges for the most severe crimes in Georgia. In these cases, the answer to the question, "Can I be arrested years later?" is a definitive "Yes."
Murder
The law in Georgia states that a prosecution for murder may be commenced at any time. There is no time limit whatsoever. This applies regardless of when the crime was committed, even if it was decades ago.
DNA Evidence
In cases involving certain violent felonies, the statute of limitations is eliminated entirely if DNA evidence is used to establish the identity of the accused. The clock never expires for these crimes, provided a sufficient portion of the evidence is preserved for the defense to test.
Crimes with no time limit when DNA evidence is used include:
- Armed Robbery
- Kidnapping
- Rape
- Aggravated Child Molestation
- Aggravated Sodomy
- Aggravated Sexual Battery
The "Tolling" Exception: When the Clock Pauses
Even if a crime has a set time limit (like two or four years), specific actions or circumstances can cause the clock to "toll" or pause, giving the prosecutor more time. This critical factor often confuses people trying to calculate the statute of limitations on their own.
The Clock Stops Ticking If:
- You Leave the State: If the person who allegedly committed the crime is not usually and publicly a resident within Georgia, the clock stops running until they return and openly reside in the state. You cannot escape prosecution simply by leaving Georgia.
- The Accused is Unknown: The time limit does not run if the identity of the person committing the crime is unknown to law enforcement. This often applies to cold cases where an arrest warrant is not issued until a later date based on new evidence.
- Victims Who Are Seniors: If the victim of a crime was 65 years or older, the statute of limitations often does not begin to run until the violation is reported to or discovered by law enforcement. While there is a 15-year overall cap on this extension in some cases, it gives the State much more time than the standard limit.
If any of these "tolling" events occurred, the number of years that have passed since the crime is not the same as the time the State has had to file charges. This is why a simple online search is never enough to determine the strength of your case.
Protecting Your Rights When Facing an Old Charge
The question of whether the statute of limitations has passed is a complex legal argument that is never determined by a person's individual memory or interpretation of the law. It requires a detailed investigation by a focused legal professional.
If you are facing an arrest or charges for an incident that occurred months or years ago, you need a defense strategy that is built on three pillars:
1. Verification of the Statute
A skilled defense team will rigorously examine the exact date of the alleged crime and compare it against the specific Georgia statute that applies to the charge. We do not assume the police or prosecutor calculated the time limit correctly.
2. Examination of Tolling
We aggressively investigate whether the prosecution can rely on any legal reason to have paused the statute of limitations clock. This requires examining evidence of residency, when a crime was reported, and when the identity of the accused was known.
3. Preparation of a Strong Defense
Even if the statute of limitations has not run out, the passage of time often weakens the prosecution's case. Memories are less reliable, evidence can be lost, and witnesses may be unavailable. We use every one of these factors to challenge the charges and fight for your best possible outcome.
Your future depends on whether the State can prove its case and whether the charges were brought within the legal timeframe. Our unwavering commitment is to investigate every detail and protect your rights from beginning to end.
Navigating the criminal justice system requires dedicated support and assertive criminal defense. At Crawford and Boyle, LLC, we understand the urgency and stress you face. We are here to bring certainty, knowledge, and a determined defense to your corner.
Criminal Defense Attorney in Gwinnett County
The moment you are questioned by law enforcement or receive notice of an old charge, the time for decisive action has begun.
Do not attempt to explain your situation to police or prosecutors without legal counsel. Anything you say can and will be used against you, regardless of how much time has passed. Your first and most crucial step is to secure powerful, professional representation.
The dedicated legal team at Crawford and Boyle, LLC is ready to stand with you. We will immediately assess your situation, challenge the timing of the charges based on Georgia's statute of limitations, and work tirelessly to protect your rights, your freedom, and your future.
Start your defense today.
Call Crawford and Boyle, LLC at (678) 726-5400 or connect with us online: Secure Your Free Consultation
We are determined to help you face this challenge head-on.