The Statutes of Limitations for Crimes in Ohio
One of the most important defenses in Ohio involves the statute of limitations. Under Ohio Revised Code, Section 2901.13, the prosecution must be commenced within the designated time period after the criminal offense is allegedly committed. If the prosecution does not commence within the allotted time, then the person accused can file a "Motion to Dismissed based on the Statute of Limitations."
Under Ohio law, the statute of limitations depends on the type of offense committed including:
Six (6) Years for a Felony (except those felony offenses listed below) Two (2) Years for a Misdemeanor that is not a minor misdemeanor; and Six (6) Months for a minor misdemeanor.
The statute of limitations does not apply to any charge of murder or aggravated murder no longer how long it takes for the prosecution to commence the case.
Certain felony offenses if a twenty (20) year statute of limitations period including:
2903.13 – Assault (when the offense is a felony)
2903.12 – Aggravated Assault (if the victim is a Peace Officer)
2903.11 – Felonious Assault (if the victim is a Peace Officer)
2917.02 – Aggravated Riot
2911.12 – Burglary
2911.11 – Aggravated Burglary
2911.02 – Robbery
2911.01 – Aggravated Robbery
2909.02 – Aggravated Arson
2907.21 – Compelling Prostitution
2907.05 – Gross Sexual Imposition
2907.04 – Unlawful Sexual Conduct with a Minor
2907.03 – Sexual Battery
2905.02 – Rape
2905.01 – Kidnapping
2903.04 – Involuntary Manslaughter
2903.03 – Voluntary Manslaughter
Finding an Attorney for the Statute of Limitations
If you have a pending case in Dayton, Ohio, or one of the surrounding areas, then contact an experienced criminal defense attorney at Joslyn Law Firm to discuss your case. Our attorneys can help you determine whether the statute of limitations has already expired.
Call (937) 356-3969 today to discuss your case. Let us put our experienced to work for you today.
This article was last updated on Monday, March 13, 2017.