If you are facing criminal charges or believe you are under investigation, you might be wondering how long the state has to prosecute a crime. The answer depends on the criminal statute of limitations which is the legal time frame within which prosecutors must file charges.
In Wisconsin, statutes of limitations are set by law and vary depending on the nature of the alleged offense. Some crimes can be prosecuted decades after they occur, while others have shorter time limits.
At Schiro Criminal Defense, our Milwaukee criminal defense attorneys have decades of experience defending clients in both state and federal cases. Contact us today to discuss your charges.
Is There a Statute of Limitations for Criminal Cases?
Yes. Most criminal cases in Wisconsin are subject to a statute of limitations. This is designed to ensure fairness in the criminal justice process by preventing the government from pursuing charges after too much time has passed.
As time goes on, evidence can deteriorate, memories fade, and witnesses become harder to locate. The statute of limitations protects defendants from facing charges when it would be difficult to present a fair defense.
However, not every crime in Wisconsin has a limitation period. Some of the most serious offenses, such as homicide or certain sex crimes, can be prosecuted at any time.
How Statute of Limitations Varies by Crime Type in Wisconsin
The statute of limitations in Wisconsin depends on whether the offense is a felony or a misdemeanor, and on the specific nature of the alleged crime. These time limits are primarily outlined in Wisconsin Statute § 939.74.
Felonies
Felonies are more serious crimes and generally have longer statutes of limitations. In Wisconsin:
- Most felonies: 6 years from the date of the offense.
- Sexual assault of a child: 10 years.
- Sexual assault of an adult (first or second degree): 6 years with exceptions varying by degree.
- Identity theft: 6 years.
- Crimes involving fraud: 6 years.
- Homicide or intentional murder: No statute of limitations.
Certain crimes that result in death, or those that involve DNA evidence linking a suspect to a victim, may also have extended or eliminated time limits under Wisconsin law.
Misdemeanors
For misdemeanors, the statute of limitations is generally 3 years from the date of the alleged offense. This applies to common charges such as theft, simple assault, or disorderly conduct.
Even though misdemeanor cases have shorter time limits, it is important to take any investigation seriously. Prosecutors can still file charges up until the final day of the limitation period.
Tolling and Extensions
In some situations, the statute of limitations may be paused or extended, a concept known as “tolling.” Tolling can occur if:
- The accused leaves the state of Wisconsin after the alleged crime.
- The offense involves a minor victim, and the time limit starts only after the victim turns 18.
- New evidence, such as DNA results, becomes available after the original limitation period has expired.
These exceptions allow prosecutors more time to pursue certain types of cases, particularly those involving complex evidence or hidden conduct.
Do All Crimes in Wisconsin Have a Statute of Limitations?
Not all crimes in Wisconsin are treated the same when it comes to time limits. State law recognizes that some offenses are so serious or complex that the statute of limitations should never expire, while others must be prosecuted within a reasonable period to ensure fairness.
The governing statute, Wisconsin Statute § 939.74, lays out specific timelines for most crimes and identifies those with no limitation at all. The distinction depends largely on the severity of the offense, the nature of the harm, and the availability of evidence over time.
Crimes Without Limitations
The following crimes can be prosecuted at any time, regardless of how much time has passed since the alleged act:
- Homicide and murder offenses
- First-degree or second-degree sexual assault of a child
- Sexual assault cases supported by DNA evidence
- Terrorism-related crimes resulting in death
- Certain federal crimes involving fraud or public corruption
Because these crimes have no statute of limitations, prosecutors can file charges decades after the alleged incident, often relying on advancements in forensic testing or new witness testimony.
When Does the Statute of Limitations Start?
The statute of limitations typically begins to run on the date the crime is committed. However, some offenses have “discovery rules,” meaning the time limit does not start until the crime is discovered or could reasonably have been discovered.
For example, in cases of fraud, embezzlement, or identity theft, the victim or authorities may not realize a crime occurred until years later. In these cases, the limitation period begins when the offense is detected.
For crimes involving minors, such as sexual assault, the limitation period often begins on the victim’s 18 birthday. This allows survivors time to come forward after reaching adulthood.
Why Hiring a Criminal Defense Lawyer Early Is Crucial
Even if you believe the statute of limitations may have expired, it is essential to speak with an experienced criminal defense attorney as soon as possible. Prosecutors may argue that certain exceptions apply, or that the time period was tolled, allowing them to move forward with charges.
Early intervention by a lawyer can help you understand your legal position, challenge improper filings, and prevent unfair prosecution.
Protect Your Rights and Navigate Legal Complexities
Criminal law in Wisconsin is complicated, and statutes of limitations often depend on subtle factors like the classification of the offense, new evidence, or time spent outside the state. A defense attorney can analyze the timeline of your case, identify possible expiration issues, and move to dismiss charges that violate your rights.
Prevent Unfair Prosecution
When prosecutors wait too long to file charges, defendants are often at a disadvantage. Witnesses may no longer be available, and evidence may be lost. An attorney can argue that a delayed prosecution violates both the statute of limitations and your constitutional right to a fair trial.
The sooner you involve a defense lawyer, the more opportunities you have to challenge the government’s case and preserve your freedom.
How Schiro Criminal Defense Can Help You
At Schiro Criminal Defense, we understand how critical timing is in criminal cases. We have decades of experience defending clients across Wisconsin against serious charges, from assault and domestic violence to homicide and sex crimes.
We carefully evaluate every case to determine whether the statute of limitations applies, whether prosecutors have filed charges on time, and whether there are grounds to have your case dismissed.
Our firm handles all types of criminal cases, including:
- Felony and misdemeanor defense
- Assault and violent crime defense
- Sex crime defense
- Post-conviction appeals and record expungement
We know that everyone deserves a competent legal defense that will make sure their rights are observed and their trial proceeds fairly. Whether it is making sure our clients are treated properly at the time of arrest, or that the correct statute of limitations is observed, we know what it takes to defend those that trust us with their case.
