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How Long They Have To Charge You

A.R.S. 13-107 — seven years for most felonies, one year for a misdemeanor, none for the gravest

In Arizona, a prosecution for any homicide, a conspiracy to commit homicide that results in a death, a violent sexual assault, a misuse of public monies, a felony involving falsification of public records, certain class 2 felonies the section names, and an attempt at any of them may be commenced at any time.

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The offenseTime to commence
The offenseA class 2 through a class 6 felonyTime to commenceSeven years
The offenseA misdemeanorTime to commenceOne year
The offenseA petty offenseTime to commenceSix months

The time runs from actual discovery of the offense by the state, or from when discovery should have occurred with reasonable diligence, whichever comes first. A prosecution is commenced when an indictment, information or complaint is filed.

When the time stops running. The period does not run while the accused is absent from the state or has no reasonably ascertainable place of abode in it, nor, for a serious offense, while the identity of the person who committed it is unknown. A charge filed in time and then dismissed may be brought again within six months after the dismissal becomes final.

Some impaired driving and traffic sections set their own periods, as the section notes. Whether a charge was brought in time is a question for a court and for a licensed Arizona attorney.

Sources for this section (1)
  1. A.R.S. 13-107 — Time limitations

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.

On the clock

4 periods on this page run out. Each is stated above with its authority; this is the same thing with the date attached.

  • 6 monthsA new prosecution after a dismissal · from the dismissal becoming final
  • 6 monthsThe state's time to commence a prosecution for a petty offense · from discovery of the offense by the state
  • 1 yearThe state's time to commence a prosecution for a misdemeanor · from discovery of the offense by the state
  • 7 yearsThe state's time to commence a prosecution for a class 2 to 6 felony · from discovery of the offense by the state

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