How Long Does the State Have to File Charges in Arizona?

Arizona’s legal system imposes time limits on filing criminal charges, known as statutes of limitations. These time frames vary depending on the severity and type of offense committed.

For misdemeanor offenses in Arizona, prosecutors generally have 1 year to file charges. This applies to both Class 1 and Class 2 misdemeanors, including crimes like simple assault, shoplifting, and DUI.

Felony charges typically have longer statutes of limitations. Arizona prosecutors usually have 7 years to file felony charges against a person. Some serious crimes, such as homicide and violent offenses against victims, have no time limitations and can be prosecuted at any time.

Felony Statute of Limitations in Arizona

Arizona law sets specific time limits for prosecutors to file felony charges. For most felonies, the statute of limitations is 7 years from when the offense occurred or was discovered.

Some serious felonies have no time limit for prosecution:

• Homicide
• Violent sexual assault
• Class 2 felonies involving sexual offenses against children
• Terrorism
• Misuse of public funds
• Falsification of public records

Prosecutors can file charges for these crimes at any time, even decades after the alleged offense.

The 7-year time limit may be paused in certain circumstances:

• If the accused leaves Arizona
• If the accused’s whereabouts are unknown
• For “serious offenses” when the perpetrator’s identity is unknown

The clock starts running when authorities discover or should have discovered the crime with reasonable diligence. Filing a complaint, issuing an indictment, or finding probable cause at a preliminary hearing officially begins the prosecution.

Prosecutors may dismiss and refile charges within 6 months, even if the original statute of limitations has expired. This sometimes occurs when evaluating whether to pursue felony or misdemeanor charges.

Misdemeanor Statute of Limitations in Arizona

The state of Arizona imposes specific time limits for filing misdemeanor charges. For most misdemeanor offenses, prosecutors have one year from the date of the alleged crime to commence legal proceedings.

Petty offenses, including non-criminal traffic violations, have a shorter statute of limitations of six months.

There is a notable exception to the one-year rule:

• Causing serious injury or death while committing certain traffic violations extends the limitation period to two years.

This table summarizes the key time limits:

Offense Type	Statute of Limitations
Most misdemeanors	1 year
Petty offenses	6 months
Specific traffic violations causing harm	2 years

The clock typically starts running from the date of the alleged offense or when authorities discover or should have discovered the crime.

Certain factors can pause or extend the statute of limitations:

• The accused residing outside of Arizona
• The identity of the accused being unknown for “serious offenses”

Prosecutors may dismiss and refile charges within six months of dismissal, even if the original time limit has expired.

Serious or Violent Crimes Statute of Limitations in Arizona

Arizona law treats serious and violent crimes differently when it comes to time limits for filing charges. For certain severe offenses, there is no statute of limitations.

This means prosecutors can file charges at any time, even decades after the alleged crime occurred. The most serious crimes that fall into this category include:

• Homicide (all forms of murder)
• Violent sexual assault

The absence of a time limit for these offenses allows law enforcement to pursue cases regardless of when evidence or new information comes to light.

For other violent felonies, Arizona generally applies a 7-year statute of limitations. This covers crimes like:

• Aggravated assault
• Armed robbery
• Kidnapping

It’s important to note that the statute of limitations typically begins running from the date the crime was committed or discovered. Certain factors may pause or extend the time period in some cases.

The lack of time limits for the most serious violent crimes reflects their severity and impact on victims. It also acknowledges that evidence in such cases may take years to process or uncover.

How is time calculated?

Time calculation for filing criminal charges in Arizona begins when the state discovers or should have discovered the offense. The clock starts ticking from this point, but certain factors can pause or restart it.

For most crimes, the prosecution officially commences when:

• A complaint is filed
• A grand jury issues an indictment
• Probable cause is found at a preliminary hearing

However, several circumstances can stop the clock:

• The accused lives outside Arizona • The accused lacks a traceable Arizona residence • The identity of the suspect is unknown (for serious offenses)

Prosecutors may dismiss and refile cases within certain timeframes. If a misdemeanor case is dismissed, charges can be refiled within 6 months of dismissal or within the standard time limit, whichever is later.

Interpreting these rules can be complex. Specific case details often determine how time is calculated for statute of limitations purposes.

Can a prosecutor dismiss a case and then refile it even though the statute of limitations would have run?

Prosecutors have significant discretion in handling criminal cases, including the ability to dismiss and refile charges under certain circumstances. Even if the statute of limitations would have expired, a prosecutor may still be able to refile charges in some situations.

The general rule is that prosecutors can dismiss and refile charges as long as they are within the statute of limitations. However, there are exceptions that allow refiling even after the typical time limit has passed.

One key exception is when charges are dismissed “without prejudice.” This allows prosecutors to refile the case later, provided they do so within six months of the dismissal. This provision gives prosecutors additional time beyond the original statute of limitations.

Reasons a prosecutor might dismiss and refile charges include:

• Pursuing higher-level charges (e.g. upgrading from misdemeanor to felony)
• Gathering additional evidence
• Addressing procedural issues with the original filing

It’s important to note that if a judge dismisses a case “with prejudice,” the charges generally cannot be refiled. This highlights the significance of how a case is dismissed.

Defendants should be aware that a dismissal does not always mean the end of a case. Consulting with an experienced criminal defense attorney is advisable to understand the specific circumstances and potential for refiling.

Get legal help now! Contact The Law Offices of T. M. Allen

The Law Offices of T. M. Allen offers experienced legal representation for individuals facing criminal charges in Arizona. Led by Tyler M. Allen, our firm specializes in criminal defense, DUI cases, drug offenses, and domestic violence charges.

Located in Tempe, Arizona, we serve clients throughout the area. Our team understands the complexities of the Arizona legal system and works diligently to protect clients’ rights. Criminal defense attorney Tyler M. Allen has helped thousands of individuals achieve acquittals and not-guilty verdicts. Our firm provides personalized, comprehensive legal representation tailored to each client’s unique situation.

The Law Offices of T. M. Allen offers:

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