The Legal Information Institute explains that the term statute of limitations is “any law that bars claims after a certain period of time passes.” With only a small number of limited exceptions, most criminal charges in Colorado are subject to a statute of limitations. In other words, prosecutors in our state must pursue charges before a certain deadline has passed. Otherwise, they cannot lawfully bring the charges. Here, our criminal defense attorney explains the key things to know about the Colorado criminal statute of limitations in Colorado.
What the Criminal Statute of Limitations Actually Does in Colorado
Simply explained, Colorado’s criminal statute of limitations sets firm deadlines for filing charges. If the prosecution misses the deadline, the court must dismiss the case. The statute exists to protect due process. The reality is that it is far more difficult to get a fair trial after a lot of time has passed. Imagine that you were accused of stealing money back in 1999. How would you defend yourself? It is certainly more challenging. As time passes, evidence fades and memories can start to fail. Witnesses can also disappear. For that reason, the law forces the state to act with reasonable speed. The controlling provisions appear in Title 16 of the Colorado Revised Statutes (primarily section 16-5-401). Most criminal charges have a statute of limitations.
Serious Crimes Do Not Have a Statute of Limitations in Colorado
Not every criminal charge in Colorado has a statute of limitations. While most criminal charges do, there are exceptions for the most serious cases. These cases may be filed at any time. The absence of a deadline reflects the gravity of the alleged harm. Crimes with no statute of limitations include:
- Class 1 felonies
- Murder in any degree
- Certain sexual offenses involving a victim under eighteen
Because no deadline applies, prosecutors may file charges decades later if evidence becomes available. That is not to say that a delay in charges is irrelevant. It could be part of a defense strategy. Still, a direct statute of limitations defense cannot be raised.
Felony Offenses in Colorado (Three-Year Statute of Limitations)
Most felony offenses in Colorado carry a three-year statute of limitations. The category includes many of the charges seen most often in district court. Some of the most common felonies that are subject to a three-year deadline in Colorado are the Class 2 felony through Class 6 felonies. They include:
- Felony theft
- Felony assault
- Felony drug offenses
- Felony forgery
- Felony identity theft
It should be noted that the statute of limitations clock generally starts running on the date the offense is committed. If the prosecution files charges even one day late, dismissal is mandatory if the defense raises the issue properly.
Misdemeanor Offenses in Colorado (Eighteen-Month Statute of Limitations)
Most misdemeanor offenses in Colorado must be charged within eighteen months. The deadline applies to a wide range of criminal cases handled in county court. Some of the most common examples of misdemeanors subject to the eighteen-month deadline in Colorado include:
- Misdemeanor assault
- Misdemeanor theft
- Criminal mischief
- Criminal harassment
- Violation of protection orders
Traffic misdemeanors and municipal offenses may follow different timelines under local ordinances, but state law controls most county court prosecutions. Still, if you have any questions about the statute of limitations for a traffic misdemeanor or municipal offense in Montrose County, you should speak to a top-rated criminal defense attorney right away.
Petty Offenses in Colorado (Six-Month Statute of Limitations)
Petty offenses carry the shortest limitations period. Prosecutors must file these cases within six months of the alleged conduct. Some examples of petty offenses in Colorado that are typically subject to a six-month statute of limitations include:
- Petty theft
- Disorderly conduct charged as a petty offense
- Minor drug paraphernalia offenses
- Certain low-level alcohol violations
Because the window is short, these cases often rise or fall quickly based on filing dates. If the prosecutor has waited too long to bring a case, our Colorado defense lawyer can help you raise a statute of limitations defense.
When the Clock Starts Running
In most cases, the statute of limitations begins on the date the crime is completed. For example, if theft was committed on January 1st, the statute of limitations for that specific charge would start running on that very same date. However, some offenses are more challenging to pin down. For example, there are many criminal charges that (allegedly) involve continuing conduct. In those cases, the clock may not begin until the conduct ends. Theft schemes, ongoing fraud, and some financial crimes fall into this category. Further, for criminal offenses involving a concealed victim injury or delayed discovery, the statute may begin when the offense is discovered or reasonably should have been discovered. These exceptions apply narrowly. If the prosecution is trying to rely on one in your case, our Colorado criminal defense attorney can help you challenge it.
How Our Criminal Defense Lawyer Can Help
Prosecutors have a limited amount of time to initiate a criminal case in Colorado. If they do not bring the charges in a timely manner, the case could potentially be time-barred as a matter of state law. In other words, the defendant may have a statute of limitations defense. At The Martin Law Firm, we are prepared to help clients explore all of the possible defenses that they may have against a criminal charge, including raising the statute of limitations. Your initial consultation with our Montrose, CO criminal defense lawyer is completely confidential and without further obligations.
Contact Brent Martin Today
At The Martin Law Firm, our Montrose criminal defense lawyer is standing by, ready to protect your rights and your interests. If you have any questions or concerns about the Colorado statute of limitations for criminal cases, we are here to help. Contact us today to set up your fully private, no obligation case review. We have an office in Montrose and we provide solutions-focused criminal defense representation throughout the entire surrounding region in Colorado.