Do criminal cases in Ohio have a statute of limitations?
- Yes. The State must charge a case within a certain amount of time from the date an offense was committed. If they fail to do so, they are barred from charging the case / person.
What is the statute of limitations for criminal cases in Ohio?
- Minor Misdemeanor
- 6 months
- A misdemeanor, other than a minor misdemeanor
- 2 years
- A felony, other than the exceptions below
- 6 years
- Aggravated murder or murder
- No statute of limitation
- Voluntary manslaughter (2903.03), involuntary manslaughter (2903.04), kidnapping (2905.01), human trafficking (2905.32), unlawful sexual conduct with a minor (2907.04), Gross sexual imposition (2907.05), Compelling prostitution (2907.21), Aggravated arson (2909.02), Soliciting or providing support for act of terrorism (2909.22), Making terroristic threat (2903.23), Terrorism (2909.24), criminal possession of chemical biological, radiological, or nuclear weapon or explosive device (2909.26), Criminal use of chemical, biological, radiological, or nuclear weapon or explosive device (2909.27), Illegal assembly or possession of chemicals or substances for manufacture of prohibited weapons (2909.28), Money laundering in support of terrorism (2909.29), Aggravated robbery (2911.01), Robbery (2911.02), Aggravated burglary (2911.11), Burglary (2911.12), Aggravated riot (2917.02), Felonious assault against a peace officer (2903.11), Aggravated assault against a police officer (2903.12), Assault if it’s a felony (2903.13). A conspiracy to commit, attempt to commit, or complicity in committing any of the violations in this section.
- 20 years
- Rape (2907.03) or Sexual battery (2907.03. A conspiracy to commit, attempt to commit, or complicity in committing any of the violations in this section.
- 25 years
- If the normal statute of limitations has expired, any offense where there is an element of fraud or breach of a fiduciary duty
- Within 1 year after discovery of the offense by an aggrieved person or by the aggrieved person’s legal representative who is not a party to the offense.
- If the normal statute of limitations has expired, a violation of identity fraud (2913.49)
- Within 5 years after discovery of the offense by an aggrieved person or the aggrieved person’s legal representative who is not a party to the offense.
- If the normal statute of limitations has expired, an offense involving misconduct in office by a public servant
- At any time while the accused remains a public servant or within 2 years thereafter
- If the normal statute of limitations has expired, an offense by a person who is not a public servant but whose offense is directly related to the misconduct in office of a public servant
- At any time while that public servant remains a public servant, or within 2 years thereafter
Does anything toll the statute of limitations in Ohio?
- Yes. If the person has been charged but has a warrant, the time will not run during this time.
- Example: Someone is charged with a felony in 2015. The person fails to show up for their first court date and the court issues a warrant. The person moves out of state and never takes care of the warrant. Therefore, the time will not run out 2021. The statute of limitations has been placed on hold since the warrant was issued.
- This means that someone cannot avoid court to run out the statute of limitations.
CONTACT AN EXPERIENCED CRIMINAL / TRAFFIC LAWYER TODAY
Call Makridis Law Firm at (330) 394-1587 as soon as possible to schedule a free consultation. We will help you navigate any and all issues you are facing. We will also investigate and review the evidence in your case, explore all defenses, and negotiate a fair resolution on your behalf.