Statute of Limitations on Criminal Charges
A statute of limitations establishes a time frame within which criminal or civil proceedings may be initiated. If legal action isn’t taken within a particular time frame, then this failure to timely file may be used as grounds to dismiss a case. The filing period normally begins when the act that is the subject of the charge or claim occurs. However, there are a number of exceptions to this general rule, the result being a longer period of time within which a charge or claim may be brought.
New York Crimes and Claims Overview
New York has established a number of different time frames within which legal action may be taken for different claims and crimes. Below is an overview of some of these statutorily mandated time frames. However, it should be noted that due to the numerous legal exceptions to the time frames below, an experienced civil or criminal attorney should be consulted if facing criminal charges or civil liability.
Statute of Limitations for Civil Cases
- Libel – One year
- Medical malpractice – Either six months or two years
- Product liability – Three years
- Property damage – Three years
- Slip and fall – Three years
- Trespass – Three years
- Arson – Either two or five years
- Assault – One year
- Battery – One year
- Auto accident – Three years
- Contract – Six years
- Debt collection – Six years
- Intentional emotional distress – One year
- Negligent emotional distress – Three years
- Enforcing court judgments – 20 years
- False imprisonment – One year
- Fraud – Six years
- Legal malpractice – Three years
Statute of Limitations for Criminal Charges
- Arson – New York has no time limit on when arson charges may be filed
- Burglary – Either two or five years
- Class A felony – New York has no time limit on when Class A felony charges may be filed
- Felonies other than Class A – Five years
- First-degree manslaughter – Five years
- Second-degree manslaughter – Five years
- Misdemeanors – Two years
- First-degree murder – New York has no time limit on when first-degree murder charges may be filed
- Rape – New York has no time limit on when rape charges may be filed
- Theft – Either two or five years
- Petty offenses – One year
- Robbery – Five years
New York Statutes of Limitations Defense
As noted above, these time limits are subject to exceptions. Therefore, if you are facing any of the above charges or claims, please consider reaching out to an experienced New York attorney for a complete explanation of the time limitations applicable to your current situation. At Barket Epstein, our experienced New York attorneys will ensure that you are fully apprised of your legal rights and provided with the most effective representation possible. Our highly skilled attorneys will fight tirelessly to ensure that your rights are protected. Whether you are involved in civil litigation or facing criminal charges, the attorneys at Barket Epstein are here to help. Please contact one of our experienced attorneys for a consultation.
