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How Long They Have To Charge You

Va. Code 19.2-8 — one year for a misdemeanor, five for petit larceny

In Virginia, a prosecution for a misdemeanor, or for any fine, forfeiture or penalty, is commenced within one year after there was cause for it, except that a prosecution for petit larceny may be commenced within five years.

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  • Nonfelonious malfeasance in office: within two years after the offense.
  • False statements to obtain unemployment benefits: within three years.
  • Tax fraud and willful failure to file or pay: within three years, unless a longer period applies.
  • Many licensing and building code misdemeanors: within one year of discovery, with outer limits the section sets.

The section is written around misdemeanors and the specific offenses it lists. It contains many more particular periods than are summarized here, and when the period stops running is in the section as well. Whether a prosecution was timely is a question for a court and for a licensed Virginia attorney.

Sources for this section (1)
  1. Va. Code 19.2-8 — Limitation of prosecutions

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

On the clock

2 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 misdemeanor · from there being cause for it
  • 5 yearsThe state's time to commence a prosecution for petit larceny · from there being cause for it

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