What is the statute of limitations for criminal charges in Arizona?

Question

Accepted Answer

For felony charges in Arizona, a prosecution must be commenced within seven years for a class 2 through class 6 felony . For a misdemeanor, prosecution must be commenced within one year . For a petty offense, the period is six months .

Certain offenses may be prosecuted at any time, with no limitation period :
- any homicide 
- any conspiracy to commit homicide that results in the death of a person 
- any offense listed in chapter 14 or 35.1 of Title 13 that is a class 2 felony 
- any violent sexual assault pursuant to section 13-1423 
- any violation of section 13-2308.01, 13-2308.03 or 13-3212 
- any misuse of public monies or a felony involving falsification of public records 
- any attempt to commit any of the above offenses

These periods run from actual discovery of the offense by the state or the political subdivision having jurisdiction, or from the discovery that should have occurred with reasonable diligence, whichever first occurs . A prosecution is commenced when an indictment, information or complaint is filed .

The limitation period does not run while the accused is absent from the state or has no reasonably ascertainable place of abode within the state . It also does not run for a serious offense as defined in section 13-706 while the identity of the person who committed the offense is unknown . If a timely filed complaint, indictment or information is dismissed for any reason, a new prosecution may be commenced within six months after the dismissal becomes final, even if the limitation period has expired or will expire within that time . Note also that class 6 felonies are subject to the felony period described above even if the offense is designated or convicted as a misdemeanor , and certain traffic-related offenses under sections 28-672, 28-1381 and 28-1382 are excepted from the general periods .