What Crimes Have No Statute of Limitations in North Carolina?

When dealing with criminal violations in North Carolina, it’s crucial that you understand how the state’s statute of limitations will impact your case. Whether you’ve been charged with a crime or you’re looking to file a claim against someone who harmed you, knowing what crimes have no statute of limitations in North Carolina can help you better understand your unique circumstances and how to move forward.

What Is a Statute of Limitations in North Carolina?

A statute of limitations is a legal tool used across the country that sets an official deadline for a criminal violation. If an officer wants to arrest someone for a crime or an individual wants to file a civil claim against another party, they must do so within a specific timeframe mandated by the statute of limitations. Using a statute of limitations helps ensure that all criminal charges are filed with fresh evidence, reliable memories, and available witnesses.

If the statute of limitations expires for a specific crime, then the prosecution of that crime may be barred, and the case can’t go forward. Additionally, any civil claims are no longer valid if they are filed after the statute of limitations for the crime.

What Crimes Have No Statute of Limitations in North Carolina?

In North Carolina, there is no statute of limitations for felonies. This allows officers of the law the ability to reprimand dangerous criminals years after they’ve committed a crime. Additionally, some severe misdemeanors do not have a statute of limitations. Common felonies that do not carry a statute of limitations in North Carolina include:

• Murder
• Kidnapping
• Treason
• Child Abuse
• Rape and other felony sex crimes
• Forgery

Your Constitutional Rights in North Carolina

According to the Sixth Amendment of the United States Constitution, all American citizens have the right to a speedy trial. This amendment ensures that those facing criminal charges are brought to trial without unnecessary delay.

While there is no statutory time limit for a felony in North Carolina, your Sixth Amendment right still applies. As a result, a prosecution could potentially be dismissed if the delay in bringing charges was purposeful, unreasonable, and had actually prejudiced your ability to receive a fair trial. When you hire an attorney from our firm, we can work to ensure these rights are respected and protected.

Do Misdemeanor Charges Carry a Statute of Limitations in North Carolina?

Most misdemeanors in North Carolina have a two-year statute of limitations, which means charges must be filed within two years of the offense. However, some misdemeanors have a longer, 10-year statute of limitations. This includes certain sexual battery and child abuse offenses. When you hire a defense attorney, they can act as your advocate and ensure your charges are brought up legally.

Hire a Criminal Defense Lawyer You Can Trust

In 2024, North Carolina’s crime rate was higher than the national average, with about 376 violent crimes and 1,968 property crimes per 100,000 residents, as reported by the Federal Bureau of Investigation. Given the wide array of crimes across the state, it can be difficult to understand the unique laws and regulations that apply to each violation. However, knowing the nuances of your case, such as its statute of limitations, is crucial when building a defense.

The team at The Law Office of Kevin L. Barnett has spent decades protecting the constitutional rights of North Carolina residents. We understand just how complex and overwhelming navigating the legal system on your own can be, which is why we have devoted our careers to helping our clients navigate complicated criminal cases.

FAQs

Q: What Is the Statute of Limitations for a Malicious Misdemeanor in North Carolina?

A: No statute of limitations applies to malicious misdemeanors in North Carolina. While most misdemeanors must be charged within two years, malicious misdemeanors are an exception to this rule and have no time limit for filing. As a result, a malicious misdemeanor can be prosecuted at any time. To better understand whether your crime is classified as a malicious misdemeanor, you should consult an attorney immediately.

Q: What Crime Has the Shortest Statute of Limitations in North Carolina?

A: Any petty offense in North Carolina carries the shortest statute of limitations in North Carolina, which is just six months. If you are charged with a petty offense, state prosecutors typically file charges quickly, if they pursue charges at all. You should consult a defense attorney to better understand the criminal accusations you’re facing and which legal strategies are most effective in your situation.

Q: What Happens If the Prosecution Tries to File Charges After the Statute of Limitation Has Expired in North Carolina?

A: If the prosecution tries to bring charges after the statute of limitations has expired in North Carolina, the case is considered “time-barred,” and the courts have no jurisdiction to hear it. If you are facing this situation, it is critical that you contact an attorney right away. An experienced lawyer can protect your legal rights and ensure the prosecution does not legally pursue any charges against you.

Q: What Defense Can You Use Against a Delayed Prosecution in North Carolina?

A: If you believe your criminal charges were unnecessarily delayed in North Carolina, your attorney may argue that your Sixth Amendment rights were violated as a defense. The Sixth Amendment provides you with the right to a speedy trial. Your attorney can argue that prosecutors delayed your trial and violated your constitutional rights. Your attorney can explore all available legal defenses.

Call The Law Office of Kevin L. Barnett Today

At The Law Office of Kevin L. Barnett, our team works tirelessly to advocate for North Carolina residents and their constitutional rights. Our law firm is conveniently located in the heart of Uptown Charlotte’s First Ward, and we stand ready to hear your case. Contact us today to schedule a consultation and learn more about how a statute of limitations can impact your case.