Georgia Criminal Statute of Limitations Laws
- The statute of limitations puts a time limit on prosecution for some crimes.hourglass image by ?¡ãbrahim KARKINO??LU from Fotolia.com
Georgia state law defines a statute of limitations on criminal offenses that sets a time limit on law enforcement's ability to prosecute. Once the time limit expires, the offender can't be charged or brought to trial. The time limit varies depending on the severity of the crime and the victim's age. The statute of limitations for minor crimes is as brief as two years, but some crimes can be prosecuted regardless of how much time has passed. - Murder can be prosecuted at any time. In addition, no statute of limitations applies to armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy or aggravated sexual battery in Georgia if DNA evidence identifies a person accused of one of these crimes.
- In Georgia, prosecution for forcible rape must begin within 15 years from the time of the crime unless the perpetrator can be identified by DNA evidence.
- Unless the crime falls into the categories of crime for which no statute of limitations or 15-year limit applies, any felony that could result in the death penalty or life in prison must be brought to trial within seven years of the crime. In addition, if the victim of a felony was under 18 at the time of the offense, the trial must start within seven years.
- If a felony is committed in Georgia and does not fall under a category listed above, the state must begin prosecution within four years of the commission of the crime.
- All misdemeanors committed in Georgia must be prosecuted within two years of the offense. Misdemeanors are minor offenses that are punishable by fines or short periods of jail time.
Crimes Without Time Limits
15-Year Limit
Seven-Year Limits
Four-Year Limits
Two-Year Limits
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