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How Long They Have To Charge You

CPL § 30.10 — five years for most felonies, two for a misdemeanor, one for a petty offense

In New York, a criminal action must be commenced within the period of limitation the section prescribes for the offense.

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OffenseMust be commenced
OffenseA class A felony, rape in the first degree, and the other listed sexual offensesMust be commencedAt any time
OffenseRape or criminal sexual act in the second degree under the listed subdivisionsMust be commencedWithin twenty years, or ten years from the first report to law enforcement, whichever is earlier
OffenseRape or criminal sexual act in the third degree under the listed subdivisionsMust be commencedWithin ten years
OffenseAny other felonyMust be commencedWithin five years
OffenseA misdemeanorMust be commencedWithin two years
OffenseA petty offenseMust be commencedWithin one year
  • Larceny by a fiduciary may be charged within one year after it is, or reasonably should have been, discovered by the person wronged.
  • Misconduct in public office may be charged during the public servant's service or within five years after it ends, but never more than five years beyond the ordinary period.
  • A tax law misdemeanor must be charged within three years.

The other extensions, including those for offenses against children, and the periods that do not count toward the limit 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 New York attorney.

Sources for this section (1)
  1. CPL § 30.10 — Timeliness of prosecutions; periods of limitation

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

On the clock

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

  • 1 yearThe state's time to commence a prosecution for a petty offense · from the offense being committed
  • 2 yearsThe state's time to commence a prosecution for a misdemeanor · from the offense being committed
  • 5 yearsThe state's time to commence a prosecution for most felonies · from the offense being committed

From here