What is the Statute of Limitations for Federal Crimes?
The statute of limitations is the time limit the government can file criminal charges against someone. For most federal felonies, the government must file charges within five years of the crime. The statute governing this is 18 USC 3282, which states:
“Unless the law says otherwise, no one can be prosecuted, tried, or punished for a non-capital offense if charges are not filed within five years of the crime happening.”
Purpose of the Statute of Limitations
The statute of limitations helps guarantee fairness in legal proceedings. It protects defendants from having to defend themselves against old charges where evidence may no longer exist, making it challenging to present a proper defense. If too much time has passed, it could break the defendant’s right to a fair trial and due process.
The statute of limitations can be used to defend against criminal charges, but this must be raised before the trial begins. If the statute has expired, it may prevent the case from going forward; be dismissed. To raise this defense appropriately and successfully, it must be shown that the charges were filed after the 5-year time limit had passed.
Exceptions to the Statute of Limitations
There are certain exceptions to the general 5-year rule. Some federal crimes have longer or no statutes of limitations. For example:
- Capital Crimes: There is no statute of limitations for serious crimes like capital murder (18 USC 3281).
- Terrorism: If the offense involves terrorism and causes death or serious injury, there is no statute of limitations (18 USC 3286).
- Sexual Offenses Against Children: These crimes also have no statute of limitations (18 USC 3283).
Additionally, some white-collar crimes have their statutes of limitations:
- Federal Tax Crimes: The statute of limitations for offenses like tax evasion (26 USC 7201) or failing to file a tax return (26 USC 7203) is 6 years.
- Major Fraud Against the U.S.: The statute of limitations for significant fraud crimes involving defrauding the U.S. government is 7 years (18 USC 1031).
There are also specific cases where the statute of limitations can be extended. For example:
- Dismissed Charges: If charges are dismissed, they may be reinstated within 6 months (18 USC 3288).
- Offenses in Foreign Countries: The statute of limitations may be extended if the crime happened overseas (18 USC 3292).
- Immigration Offenses: The statute of limitations for certain immigration-related crimes, such as using false citizenship papers or fraudulently obtaining citizenship, is 10 years (18 USC 1423 – 1428).
Statute of Limitations for Banks and Financial Institutions
The time limit for certain crimes involving banks and financial institutions is 10 years. These include:
- Bank Fraud (18 USC 1344)
- Mail Fraud (18 USC 1341)
- Wire Fraud (18 USC 1343)
- RICO Violations (18 USC 1962) based on bank fraud
- Theft or Embezzlement by Bank Officers (18 USC 656)
- Falsifying Financial Records (18 USC 1005, 1006)
Conspiracy Crimes
The statute of limitations for conspiracy crimes may be different. In conspiracies under the statute 18 USC 371 (conspiracy to commit a federal offense), the clock starts running /tolling on the date of the last act in the conspiracy. The same rule applies to crimes like drug trafficking (21 USC 846) and fraudulent claims against the federal government (18 USC 286).
If you or someone you know is facing federal felony charges, it’s essential to understand how the statute of limitations might impact your case. The expert, elite attorneys at Ervin Kibria Law can help you navigate these complex issues.