What Federal Crimes Have Statute of Limitations?
The U.S. Constitution guarantees Americans the right to a "speedy trial" when they are accused of a crime.
This right serves two main purposes: first, because evidence and recall of events can fade over time, it helps ensure the trial remains fair; second, it stops the government from indefinitely harassing an accused individual over an alleged offense.
To safeguard the right to a quick trial, both state and federal governments have set "statutes of limitation' — specific timeframes for initiating legal action after an alleged offense.
The statute of limitations (SOL) sets a clear deadline, typically five years, to help the audience feel protected by a defined legal timeframe for federal prosecution.
Standard Five-Year Limitation
The U.S. Code specifies that for federal crimes committed within the U.S., the five-year statute of limitations is a key factor in legal planning, as outlined in 18 U.S.C. § 3282. Recognizing this deadline can be crucial for defense strategies.
In simple terms, a federal criminal charge must be brought within 5 years of the crime's commission for an indictment to issue.
However, numerous federal statutes explicitly set different limitations periods that exceed the typical five-year limit. The SOL is an affirmative defense, meaning it must be raised by the defense and used to dismiss the indictment due to the expiration of the time.
If defense counsel does not raise the statute of limitations issue before or during trial, this defense is waived, and the conviction may stand. Let's examine the statutes of limitations that apply specifically to federal crimes.
What Does Federal Law Say?
As noted, the statute of limitations is a legal rule that establishes a specific time limit for prosecuting a person for a crime. This time frame usually starts from the date the alleged crime occurred.
Prosecutors must file formal charges within the time frame set by the statute of limitations for those suspected or accused of federal crimes; failure to do so can lead to the charges being dismissed.
Knowing the duration of this period and how to use it as an affirmative defense can be extremely valuable for anyone facing federal charges.
The Federal Criminal Statute of Limitations
Usually, the statute of limitations for non-capital federal crimes is five years from the date the alleged offense occurred, according to U.S. Code Title 18 Section 3282. This applies to most non-violent federal crimes and those without a specified time limit.
18 U.S.C. 3282 reads explicitly, "Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed."
The phrase "except as otherwise expressly provided by law" highlights important exceptions that can significantly affect the applicability of the five-year limit and should be carefully considered in legal defenses.
In other words, there are certain federal crimes for which there is a specific statute of limitations extending longer than five years, certain instances in which the time window may be suspended or stretched, and certain severe crimes for which there is no statute of limitations.
Subsection (b) DNA Profile Indictment says, in general, "In any indictment for an offense under chapter 109A for which the identity of the accused is unknown, it shall be sufficient to describe the accused as an individual whose name is unknown, but who has a particular DNA profile."
The phrase "DNA profile" refers to a collection of DNA identification features.
Which Federal Crimes have Extended SOLs?
Federal law has set extended time periods for prosecuting certain specific crimes. These longer time frames may result from the seriousness of the crime or from federal prosecutors requiring additional time to prepare their cases.
The list of exceptions is too extensive to detail here, but some common examples of crimes with extended statutes of limitations include:
- Mail fraud (18 U.S.C. 1341): ten years
- Wire fraud (18 U.S.C. 1343): ten years
- Bank fraud (18 U.S.C. 1344): ten years
- Federal tax evasion (26 U.S.C. 7201): six years
- Failure to file a tax return (26 U.S.C. 7203): six years
- Major fraud against the federal government: seven years
- Conspiracy to commit a federal crime (18 U.S.C. 371): ten years
- Non-violent violations of certain federal terrorism laws: eight years
- Embezzling from a federal financial institution (18 U.S.C. 657): ten years
- Falsify bank records (18 U.S.C. 1005): ten years
- Immigration crimes: ten years
- Arson (18 U.S.C. 81): ten years
In some cases, the five-year statute of limitations can be extended or paused. For instance, if a defendant escapes to avoid prosecution, the timer may be paused until the individual is captured or returns to U.S. jurisdiction.
The period can be suspended when DNA evidence is involved until a matching DNA result is obtained. Furthermore, the statute of limitations might be extended if prosecutors require evidence from a foreign country.
Which Federal Crimes Have No SOL?
Certain serious or violent federal crimes can be prosecuted at any time and are not subject to a statute of limitations. These include:
- Any federal "capital" offense (18 U.S.C. 3281), meaning an offense that carries the death penalty
- Any act of terrorism (18 U.S.C. 3286) leading to death or serious bodily injury.
- Federal sex crimes under 18 U.S.C. 3283 involving a minor as the victim.
The Statute of Limitations Used as an Affirmative Defense
The statute of limitations serves as a vital affirmative defense, allowing defendants to challenge delayed prosecutions and potentially seek case dismissals, which can be a powerful legal tool.
This is particularly helpful when a case has been pending for years, evidence has been lost or destroyed, or witnesses are no longer available to testify. To effectively use the statute of limitations as a defense, your attorney needs to take specific steps:
- Claim that the statute of limitations for the crime has expired before the trial begins. Once the trial has started, this claim may no longer be accepted.
- Show that the prosecution submitted their criminal complaint after the statute of limitations had passed. In essence, the period between the filing of the complaint and the date of the alleged crime exceeds the legally allowed timeframe.
Practicing federal criminal defense law demands extensive legal expertise and a dedication to defending the rights of those accused by the federal government. With decades of experience, we can identify issues in federal indictments, such as expired statutes of limitations.
Legal rules such as the statute of limitations illustrate the wide range of defenses and strategies that experienced attorneys evaluate for their clients. Reach out to us to consult with certified federal criminal defense lawyers. Eisner Gorin LLP is based in Los Angeles, California.
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