Michigan Criminal Statutes of Limitations
Statutes are designed to create fairness and justice by preventing the prosecution of cases in which evidence may have deteriorated over time, witnesses may no longer be available, or defendants may no longer have access to a fair trial.
Michigan has established various statutes of limitations for different criminal offenses. Reviewing the specifics of these statutes is crucial for both criminal defense attorneys and the general public.
At the West Michigan Defense Team in Grand Rapids, Michigan, our criminal defense attorneys are dedicated to protecting your rights. Here's what you need to know about the criminal statutes of limitations in our state.
Purpose of Statutes of Limitations
Statutes of limitations are legal time frames that limit the period within which legal action can be initiated. Their purpose is to:
Assure fairness: Over time, evidence can be lost, memories can fade, and witnesses may become unavailable. Prolonged periods without a criminal prosecution may also undermine the accused's ability to defend themselves effectively. Statutes of limitations are designed to prevent a case from being prosecuted when the facts may no longer be reliably established.
Promote prompt legal action: These laws encourage the timely filing of charges, which helps to bring resolution to cases and prevent prolonged uncertainty for all parties involved.
Preserve evidence: In criminal cases, the preservation of physical evidence is crucial for securing a conviction or defense. With the passage of time, evidence such as DNA, fingerprints, or other physical traces may deteriorate or become inadmissible.
Reduce risk of unjust prosecution: Long delays in prosecution can lead to defendants facing charges based on outdated or questionable evidence, which might not be a fair reflection of their guilt or innocence.
In Michigan, the statute of limitations varies depending on the type of crime. It's important to understand that statutes of limitations apply only to certain types of criminal offenses. Some serious crimes, such as murder, may have no statute of limitations. Be sure to consult your criminal defense attorneys for more information.
Michigan's Statutes of Limitations for Common Crimes
Under Michigan law, the statute of limitations for prosecuting a criminal offense is typically set forth in the Michigan Penal Code or the relevant statutory sections for specific types of crimes.
These time limits are measured from the date the alleged offense occurred, although exceptions may apply, which can toll or extend the statute of limitations.
The general time frames for prosecuting criminal offenses in Michigan are as follows:
Murder (no statute of limitations): The most severe crime, murder, has no statute of limitations in Michigan. This means that a person can be prosecuted for murder at any time, no matter how long after the crime has occurred. This exception reflects the gravity of the crime and the belief that the pursuit of justice shouldn't be hindered by time in the case of such serious offenses.
Other felonies (six years): For most felonies, Michigan imposes a statute of limitations of six years. This means that the state must initiate a prosecution for felony offenses within six years from the commission of the crime. Examples of felonies include armed robbery, fraud, and assault with intent to commit great bodily harm.
Misdemeanors (one to six years): Misdemeanors are less serious offenses, and the statute of limitations for misdemeanors can range from one year to six years depending on the nature of the crime.
One year: The statute of limitations for most misdemeanor offenses is one year. For example, assault and battery, theft, or driving under the influence (DUI) typically fall under this one-year limitation.
Six years: A six-year statute of limitations applies to certain misdemeanors, such as embezzlement or other offenses involving fraud or dishonesty.
Sexual offenses (no statute of limitations for certain crimes): Historically, sexual offenses in Michigan were subject to a statute of limitations. However, changes in the law have largely eliminated these time limits for certain serious sexual offenses. Michigan has implemented statutes of limitations reforms to address the unique nature of sexual crimes.
Crimes committed against minors: For sexual offenses involving minors, there’s no statute of limitations if the victim was under the age of 18 at the time of the crime. The prosecution can be initiated any time before the victim reaches 28 years old, giving the victim a significant amount of time to come forward.
Other sexual crimes: For sexual crimes against adults, the statute of limitations varies based on the specific offense. For example, criminal sexual conduct (CSC) in the first degree, second degree, and other classifications may have different limitations depending on the severity of the crime.
Criminal sexual conduct: Michigan has specific rules regarding the statute of limitations for criminal sexual conduct (CSC) offenses, which include various degrees of rape and sexual assault. The limitations for CSC vary depending on factors such as the age of the victim and whether the offense involved a minor.
CSC with a minor (no statute of limitations): There’s no statute of limitations for crimes involving minors under the age of 16, such as CSC in the first and second degrees. These offenses can be prosecuted at any time before the victim turns 28 years old.
CSC with an adult (six years): In cases involving sexual offenses against an adult, the statute of limitations is typically six years. This time period starts from the date of the alleged crime.
Theft and property crimes (six years): The statute of limitations for theft and other property crimes such as burglary and larceny is typically six years. This is consistent with the limitations for most felonies. However, the time limit may differ if the theft involved specific types of property (e.g., motor vehicles or firearms) or involved fraud or embezzlement.
While statutes of limitations generally provide a fixed time period for bringing charges, there are several important exceptions that can extend or toll (pause) the limitations period in Michigan. Contact your criminal defense attorneys to learn more about these exceptions.
Exceptions and Tolling of the Statute of Limitations
These exceptions are based on circumstances that may delay the discovery of the crime or make it difficult for authorities to proceed with prosecution within the normal time frame.
Absence of the defendant: If a defendant is absent from Michigan or otherwise can't be located, the statute of limitations may be tolled until the defendant returns to the state or is located. This is particularly relevant in cases where the defendant flees to another state or country to avoid prosecution.
Discovery rule: In some cases, the statute of limitations may be tolled until the crime is discovered or should have been discovered. For example, in cases of fraud or embezzlement, the statute of limitations may not begin to run until the victim discovers or reasonably could have discovered the crime.
Minors: As noted earlier, there are specific rules related to the statute of limitations in cases involving minors. The time period for prosecution may be extended until the victim reaches a certain age, such as 28 years old in cases of sexual offenses against minors. This extension is based on the recognition that minors may not be able to come forward or fully comprehend the significance of the crime at an earlier age.
Military service: If the defendant is actively serving in the military and stationed outside the state, the statute of limitations may be tolled until the defendant is released from military duty and is physically present in Michigan.
Mental illness or incapacity: In some cases, if the defendant is mentally incompetent or incapacitated, the statute of limitations may be paused until the defendant regains competency. This exception helps to make sure that individuals who are unable to assist in their own defense due to mental illness aren't unfairly prosecuted while they're incapable of standing trial.
While Michigan has its own set of criminal statutes of limitations, certain criminal offenses may also fall under federal jurisdiction, especially when they involve interstate commerce, federal lands, or federal agencies.
Federal Statutes of Limitations
Drug trafficking, federal fraud, and crimes involving national security may be prosecuted at the federal level. Federal statutes of limitations vary depending on the crime, and some federal crimes may have longer or different limitations periods than those set by Michigan state law.
In cases where both state and federal authorities have jurisdiction, the statute of limitations for the federal offense will apply, even if the same conduct would be subject to a different limitation period under state law.
Michigan's criminal statutes of limitations serve as an important legal safeguard, making sure that prosecutions are conducted within a reasonable time frame and that the accused have a fair opportunity to mount a defense with the help of criminal defense attorneys.
