Section 30.10 of New York State Code sets the statute of limitations for most criminal offenses. Generally speaking, most felony offenses in New York have a five year statute of limitations period, and most misdemeanors have a two year statute of limitations period. Petty offenses will likely have a one year statute of limitations. Some serious offenses such as murder or certain sex offenses so not have a statute of limitations.
Under this predetermined statute of limitations, the prosecution is not able to charge a person with a criminal act if the process of prosecuting them has not started within a reasonable period of time. The reason these statutes of limitation are in place is to ensure that the criminal proceedings can draw from reliable evidence, which must be collected in a timely manner somewhat recently following the criminal act. Over time, it’s hard for witnesses to give accurate testimonies, and it can be impossible to get strong evidence from the scene of the crime. Losing evidence and accuracy of testimonials make it difficult to prove a case, therefore increasing the chances of wrongfully convicting an innocent person. For this reason, the statute of limitations is set in place in order to protect your constitutional right to a speedy trial.
If New York State makes an attempt to prosecute an accused individual after this statute of limitations time period has passed, the accused may be able to have the case dismissed. If you have any questions about a recent arrest, and the time frame required to begin criminal proceedings, call The Law Firm of Gianni Karmily as soon as possible to get the answers you need.
Are There Any Exceptions To New York’s Criminal Statute Of Limitations?
Some serious crimes such as murder or certain sex offenses do not follow the same statute of limitations guidelines that other crimes do. A criminal act must have been initiated within the limitation period we mentioned above, but there are exceptions to these crimes. Any class A felony is exempt from this statute. This is the highest degree of felony in New York State, and is reserved for crimes such as:
- Aggravated murder
- Criminal possession or sale of a controlled substance in the first or second degree
- Predatory sexual assault against a child
- And more.
It’s important to note that if more than one crime was committed, and you are facing multiple charges, each charge could have a different statute of limitations. It can become increasingly confusing to understand how time limits and statutes of limitations may affect the outcome of your case. If you or someone you love has been charged with a criminal act in New York, call a criminal defense attorney as soon as possible to get started implementing a strong defense. If you are taken into custody and charged with a crime in Hempstead or anywhere in Nassau County or on Long Island, schedule your first legal consultation with the Law Firm of Gianni Karmily as quickly as possible.
Why Should I Choose Gianni Karmily As My Defense Lawyer
First and foremost, Gianni Karmily has the skill and expertise to defend you in the most difficult of situations. If you’ve been charged with a crime in New York State or if you believe you are under investigation, contact the Law Firm of Gianni Karmily right away to schedule a consultation. After reviewing your case in depth to fully understand what you’re up against, Gianni Karmily will explain your legal rights and options and let you know how the law applies in your unique situation. He’ll take the time to listen to your concerns, and will provide wise next steps for moving forward. He’ll advise you regarding any pertinent statutes of limitations that apply to your case as well.
By assessing the evidence of the crime, the nature in which it was or was not committed, and more, Gianni Karmily will implement a strong defense, with the ultimate goal being to have your charges dismissed or reduced.
In some situations, it’s simply not possible to have charges dismissed. So, as your criminal defense lawyer, Gianni Karmily will seek to negotiate a plea deal on your behalf. If this is not applicable, he will take your case to trial and fight for the best outcomes possible.
Get Help With Criminal Charges From A Tough Hempstead Criminal Defense Attorney
If you or someone you love is facing criminal charges, schedule a consultation with Gianni Karmily right away. In addition to any questions regarding statute of limitations, Gianni Karmily will take the time to explain your rights to you, and will aggressively fight for the best outcome possible following your arrest.