How Long They Have To Charge You
Fla. Stat. 775.15 — 4 years, 3 years, 2 years, 1 year, and none for the gravest
In Florida, a prosecution for a capital felony, a life felony, or a felony that resulted in a death may be commenced at any time. Other prosecutions are subject to periods of limitation by the grade of the offense, unless the section provides otherwise.
| Offense | Must be commenced within |
|---|---|
| OffenseA felony of the first degree | Must be commenced within4 years after it is committed |
| OffenseAny other felony | Must be commenced within3 years after it is committed |
| OffenseA misdemeanor of the first degree | Must be commenced within2 years after it is committed |
| OffenseA misdemeanor of the second degree or a noncriminal violation | Must be commenced within1 year after it is committed |
- Time starts to run on the day after the offense is committed, or for a continuing course of conduct, when it ends.
- A prosecution is commenced by filing the charging document, and for someone not already arrested or summoned, only if process is then executed without unreasonable delay.
- The period does not run while the defendant is continuously absent from the state or has no reasonably ascertainable home or work in it, but that cannot extend it by more than 3 years.
- A timely charge dismissed for a defect after the period ran may be refiled within 3 months.
Longer periods for listed offenses, including certain fraud, abuse of the elderly, environmental crimes and sexual offenses against minors, are in the section and are not reproduced in full here. Whether a prosecution was timely is a question for a court and for a licensed Florida attorney.
Sources for this section (1)
- Fla. Stat. 775.15 — Time limitations; general time limitations; exceptions
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.