Statute of Limitations in North Carolina for Criminal Offenses

A statute of limitations sets a time limit for prosecutors to file criminal charges in a case. The statute of limitations in NC is different for a misdemeanor than for a felony. If a prosecutor brings charges against someone after the applicable time period has expired, the person charged can have the case dismissed.

The expiration of a criminal statute of limitations doesn’t mean that a prosecutor can’t file criminal charges in a case. It is up to the defense attorney for the criminal defendant to raise the issue in court. If the defense does not move for dismissal of charges based on the running of the limitations period, then the prosecution moves forward. It is critical to consult with an experienced criminal defense attorney like Coolidge Law Firm who can answer your questions regarding the statute of limitations in NC for criminal offenses.

Misdemeanors

In North Carolina, most misdemeanors carry a two-year time limit with certain exceptions of abuse and sexual assault against children. (N.C. Gen. Statute 15-1 (2020).) A case for deceit, malicious mischief, or petit larceny where the value of the property is no more than $5 must be started within 2 years. If the case has to be stopped because a pleading is defective, a new case can be started within one year of the date the case stopped.

Malicious Misdemeanors

A case for a malicious misdemeanor can be started any time, with no statute of limitations. Malice can be difficult for the State to prove; however, in some cases, previous convictions can lead to an automatic assumption of malice. A misdemeanor that shows malice means that the accused was malicious in carrying out the crime. Many misdemeanor crimes against children must be started within 10 years such as the following:

Sexual battery
Indecent liberties between children
Child abuse
Failure to report abuse, neglect, dependency, or death of a child due to maltreatment
Failure to report crimes against juveniles

Felonies

A felony has no statute of limitations so it can be filed at any time. This means that a person can be arrested many years after the crime. Most prosecutors focus on old cases like murder and sexual assault but any felony can be charged.

Facing Criminal Charges? Contact a Criminal Defense Attorney Today!

If you think you may be charged with a crime, speak to a Raleigh criminal defense attorney today. Our experienced attorneys can advise you on preparing for your case.

Contact Us

Client Testimonials

I can not say enough good about David Coolidge and the Law Firm! From the moment of our 1st interaction, I could tell that David TRULY cares and has a passion about the cases he takes on. I was anxious and nervous about my case from the beginning. David immediately showed his support and listened with an empathetic ear. From that moment on, I felt as though I knew I could trust him to put his whole heart into helping me with my case. He is intelligent, kind and completely nonjudgmental. He will listen to you and is so very supportive. I really felt, and still do, that he really cared about helping me. His passion for his work and in helping others shines. We VERY HAPPILY, had a GREAT outcome from the case and I could not be happier. As I told him when we left the court room that morning... “David, you have changed my life forever”. I would recommend David and this Law Firm to EVERYONE who is reading this review.

- Brian L.
David Coolidge is a wonderful attorney! I hired him twice for two different cases that I had which were only 2 months apart. He's very thorough and efficient. I was even able to reach him after hours through phone calls, texts, and email. Hopefully I never need his services again but if I am in a similar predicament I would most definitely hire David again.

- Tiffany C.
Excellent Customer Service. I had a Speeding ticket and they resolved it positively with no points on my Driver License. They represented me in Court and by midday on the Court date, they had updated me on the outcome. Very efficient service. I highly recommend them if you are in need of Legal Services.

- Stephen O.
I got a speeding ticket for going 17 over. They sent me a letter in the mail explaining that I could plead improper equipment and get no points on my insurance or license. They even gave me the fees straight out on the letter including court costs. They represented me and made the ticket go away.

- David G.
I cannot say enough about Attorney Coolidge and his staff. He’s handed several matters for me and in every instance he has exceeded my expectations. He even answered a frantic call from me on a Saturday night. I called in desperation not really expecting an answer. Mr. Coolidge delivered on all that he promised and more. I highly recommend.

- Craig S.

More Testimonials

I can not say enough good about David Coolidge and the Law Firm! From the moment of our 1st interaction, I could tell that David TRULY cares and has a passion about the cases he takes on. I was anxious and nervous about my case from the beginning. David immediately showed his support and listened with an empathetic ear. From that moment on, I felt as though I knew I could trust him to put his whole heart into helping me with my case. He is intelligent, kind and completely nonjudgmental. He will listen to you and is so very supportive. I really felt, and still do, that he really cared about helping me. His passion for his work and in helping others shines. We VERY HAPPILY, had a GREAT outcome from the case and I could not be happier. As I told him when we left the court room that morning... “David, you have changed my life forever”. I would recommend David and this Law Firm to EVERYONE who is reading this review.

- Brian L.

David Coolidge is a wonderful attorney! I hired him twice for two different cases that I had which were only 2 months apart. He's very thorough and efficient. I was even able to reach him after hours through phone calls, texts, and email. Hopefully I never need his services again but if I am in a similar predicament I would most definitely hire David again.

- Tiffany C.

Excellent Customer Service. I had a Speeding ticket and they resolved it positively with no points on my Driver License. They represented me in Court and by midday on the Court date, they had updated me on the outcome. Very efficient service. I highly recommend them if you are in need of Legal Services.

- Stephen O.

I got a speeding ticket for going 17 over. They sent me a letter in the mail explaining that I could plead improper equipment and get no points on my insurance or license. They even gave me the fees straight out on the letter including court costs. They represented me and made the ticket go away.

- David G.

I cannot say enough about Attorney Coolidge and his staff. He’s handed several matters for me and in every instance he has exceeded my expectations. He even answered a frantic call from me on a Saturday night. I called in desperation not really expecting an answer. Mr. Coolidge delivered on all that he promised and more. I highly recommend.

- Craig S.