If you are facing criminal charges in New Jersey, one question you may have is whether the statute of limitations applies to your case. The statute of limitations is a time limit within which criminal charges must be filed. Once that time limit has passed, the state cannot file criminal charges against the accused.

Time Limit?

In New Jersey, the statute of limitations varies depending on the severity of the crime. For example, there is no statute of limitations for murder, meaning that the state can file charges at any time, even decades after the crime was committed. For other crimes, the time limit ranges from five to thirty years.

For crimes classified as first or second-degree offenses, the statute of limitations is ten years. Examples of these types of crimes include aggravated assault, sexual assault, and drug crimes. For third and fourth-degree offenses, the time limit is five years. Examples of these crimes include theft, fraud, and simple assault. In cases of disorderly persons offenses, the statute of limitations is one year.

It is important to note that the statute of limitations clock does not start running until the crime has been committed, and in some cases, the clock may pause or stop altogether. For example, if the accused is out of the state or otherwise unavailable, the clock may pause until they return or become available. Similarly, if the accused is a public official, the clock may stop while they are in office.

Important Factors

For someone who is being charged with a crime, the statute of limitations is a crucial factor to consider. If the state attempts to file charges after the statute of limitations has expired, the accused may have a valid defense to the charges. This is why it is important to consult with an experienced criminal defense attorney as soon as possible if you are facing criminal charges.

Additionally, the statute of limitations can be extended in certain circumstances, such as if new evidence comes to light or if the accused is absent from the state. For this reason, it is important to stay in contact with your attorney even after the statute of limitations has expired to ensure that you are not caught off guard by any developments in your case.

Have Proper Representation

Understanding the statute of limitations is essential if you are facing criminal charges in New Jersey. The time limits vary depending on the severity of the crime, and the clock does not start running until the crime has been committed. If you are facing criminal charges, it is important to consult with an experienced criminal defense attorney as soon as possible to understand your options and ensure that your rights are protected. If you or a loved one is facing criminal charges in New Jersey, don’t hesitate to contact the Mark Catanzaro Law Office. Our experienced attorneys can help you navigate the legal system and fight for your rights. Contact us today for a free consultation!