How Long the State Has to Bring a Charge
720 ILCS 5/3-5 — 3 years for a felony and one year and 6 months for a misdemeanor, with no limit for some
| The offense | A prosecution starts within |
|---|---|
| The offenseA felony not otherwise listed | A prosecution starts within3 years after the offense |
| The offenseA misdemeanor | A prosecution starts withinOne year and 6 months |
| The offenseTheft over $100,000, identity theft, and theft by deception of someone 60 or older | A prosecution starts within7 years of the last act furthering the crime |
| The offenseMurder, reckless homicide, leaving the scene of a crash with injury or death, arson, forgery, and any offense involving sexual conduct or penetration | A prosecution starts withinAt any time |
Who handles this in Illinois: Illinois State Bar Association, Illinois Lawyer Finder; and legal aid programs and the state offices, listed in the Illinois directory.
Other statutes can set their own periods, and the time can be extended in the circumstances the code lists. How the clock runs on a particular charge is a question for a licensed Illinois attorney.
Sources for this section (1)
- 720 ILCS 5/3-5 — General limitations
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Illinois attorney.