Miami Criminal Statute of Limitations Laws

Miami Criminal Statute of Limitations Laws

The criminal statute of limitations in Miami-Dade County, Florida sets time restrictions on how long prosecutors have to file formal criminal charges against a defendant after an alleged crime occurs. Understanding these laws is important for anyone facing criminal charges in Miami, as exceeding the statute of limitations could potentially get your case dismissed.

Overview of Statute of Limitations in Miami

In general, the statute of limitations depends on the type of crime you are charged with – more serious felonies have longer time limits, while misdemeanors and lesser felonies have shorter statutes of limitations ranging from 1-5 years. However, certain very serious crimes like murder have no statute of limitations, meaning you can be charged at any time no matter how long ago the crime occurred[1].

Here’s a quick overview of the statute of limitations for common criminal charges in Miami[2][3]:

• Capital felony (punishable by death): No statute of limitations
• Life felony: No statute of limitations
• First degree felony: 4 years
• Second degree felony: 3 years
• Third degree felony: 3 years
• First degree misdemeanor: 2 years
• Second degree misdemeanor: 1 year

Keep in mind there are exceptions and specific rules for certain crimes – for example, certain sexual offenses have special statutes of limitations if the victim is a minor[1]. We’ll cover some of these special rules in more detail later in the article.

When the Clock Starts Ticking

In most cases, the statute of limitations time period starts running the day after the alleged crime was committed[1]. However, there are some important exceptions:

• Fraud/breach of fiduciary duty – For offenses involving fraud or breach of fiduciary duties, the clock starts when the crime is discovered by the victim[3].
• Sex crimes against minors – For certain sex offenses with a victim under 18, the clock doesn’t start until the victim turns 18 or the crime is reported, whichever happens first[1].
• Environmental crimes – For felony environmental law violations, the clock starts running when the violation is discovered[2].

The clock can also be paused or “tolled” under certain circumstances like if the defendant flees the state to avoid prosecution[1].

Crimes With No Statute of Limitations in Miami

Some very serious crimes have no statute of limitations at all under Florida law. Defendants can be prosecuted for these crimes at any time, even decades after the crime occurred[2]. Crimes with no statute of limitations in Miami include:

• Murder
• Manslaughter
• Sexual battery upon a victim under 12
• Capital drug trafficking
• Armed kidnapping
• Any felony that resulted in death

So if you are facing decades-old charges for one of these crimes in Miami-Dade County, the statute of limitations likely won’t help get the charges dismissed.

Statute of Limitations for Common Miami Felonies

For felonies that don’t result in death or have a minor victim, Florida law sets statute of limitations ranging from 3-4 years. Some examples include[1][3]:

• First degree felonies – 4 years
  • Armed robbery
  • Aggravated battery on law enforcement
  • Aggravated manslaughter
• Second degree felonies – 3 years
  • Sexual battery
  • Aggravated assault
  • Possession with intent to sell
• Third degree felonies – 3 years
  • Burglary
  • Grand theft
  • Forgery

So if you are facing felony charges that occurred more than 3-4 years ago, depending on the charge, the statute of limitations may bar prosecution.

Statute of Limitations for Miami Misdemeanors

Misdemeanors generally have shorter statutes of limitations of 1-2 years in Florida[1]. Some examples include:

• First degree misdemeanors – 2 years
  • Simple assault
  • Drug possession
  • Indecent exposure
• Second degree misdemeanors – 1 year
  • DUI
  • Petit theft
  • Prostitution

So for misdemeanor charges in Miami, the state has a shorter window to prosecute, and old charges past 1-2 years may get dismissed.

Exceptions – When The Clock Stops or Is Extended

While the statute of limitations sets time limits for prosecutors to file charges, there are some exceptions where the clock pauses or prosecutors get more time[1][3]:

• Defendant flees prosecution – If the defendant leaves Florida or hides from law enforcement to avoid arrest, the clock stops running until they are located.
• Public official misconduct – The clock restarts when a public official accused of misconduct leaves office. Prosecutors have up to 2 extra years to file charges.
• DNA evidence – For some crimes like sexual battery, if DNA evidence identifies the perpetrator, charges can be filed anytime.
• Minor victim – For sexual battery and lewd conduct with a victim under 18, the clock stops until the victim turns 18.
• Fraud/fiduciary duties – Prosecutors get 1 year from the crime’s discovery to charge fraud or breach of fiduciary duty.

So while the statute of limitations limits how long after a crime charges can be filed, prosecutors may still have ways to prosecute old crimes in some cases.

How The Statute of Limitations Can Help Your Miami Criminal Case

If you are facing criminal charges in Miami-Dade County for something that happened years ago, the statute of limitations may help get your charges dismissed or reduced[4]. Here are some key ways it can help:

• Get charges dropped completely – If prosecutors blew the statute of limitations, you can file a motion to dismiss and potentially get charges dropped entirely.
• Leverage for a plea deal – The looming statute of limitations gives your defense leverage to negotiate a better plea deal with reduced charges/penalties.
• Weaken the prosecution’s case – With old charges, evidence and witness memories fade over time, weakening the prosecution’s ability to prove guilt beyond reasonable doubt.
• Reduce penalties – Even if charges aren’t dropped, an old case exceeding the statute of limitations is a strong mitigating factor for reduced sentencing/penalties if convicted.