- Under Section 30.10(2)(c) of New York's Criminal Procedure Law, charges must be filed against a defendant accused of committing a misdemeanor no more than two years from the date the crime occurred. For petty offenses, Section 30.10(2)(d) shortens the statute of limitations to one year.
- Certain serious offenses do not have a statute of limitations. According to Criminal Procedure Law Section 30.10(2)(a), charges for a Class A felony, including murder or rape in the first degree, may be filed at any time, regardless of the number of years that have passed since the crime was committed. All other felonies, except environmental crimes, must be prosecuted within five years. The statute of limitations for environmental offenses is four years, as set forth in Section 30.10(3)(c).
- A statute of limitations can be paused for a maximum period of five years if the defendant is outside the state or his whereabouts are unknown. This exception only applies when the defendant's identity is known, but he cannot be charged.
The statute will also not expire when a defendant was charged with a crime, but the charges are dismissed. This exception applies when the court grants the prosecution permission to re-file charges against the same defendant at a later date.
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