Arizona Criminal Defense & the Statute of Limitations: What You Need to Know

TL;DR: Arizona's criminal statute of limitations — governed by A.R.S. § 13-107 — sets strict deadlines on how long prosecutors have to charge you with a crime. Most felonies carry a seven-year window, misdemeanors just one year, and petty offenses only six months. A handful of serious crimes, including homicide and violent sexual assault, have no deadline at all. If you think a deadline may have passed in your case — or if you have just been charged — talk to us and get matched with a vetted Arizona criminal defense attorney in minutes.

A criminal statute of limitations is the legally mandated window of time during which prosecutors must file charges after an alleged crime. Once that window closes, the court generally cannot hear the case — regardless of how strong the evidence may be. These limits exist for good reason: evidence fades, witnesses' memories grow unreliable, and it becomes increasingly difficult for anyone — prosecution or defense — to reconstruct what really happened years after the fact.

In Arizona, the rules governing these deadlines are found in Arizona Revised Statutes § 13-107. That statute spells out the specific time limits for initiating criminal prosecution and lays out the exceptions that can pause or extend those limits. Understanding how it works is a critical piece of any Arizona criminal defense strategy.

Not all crimes are treated the same. Arizona groups offenses into petty offenses, misdemeanors, and felonies — and each tier carries its own limitation period. Here is a plain-English breakdown:

Petty offenses sit at the bottom of Arizona's criminal hierarchy — minor infractions that are often punishable by fines rather than jail time. Prosecutors have just six months from the date the offense is discovered to bring charges. Miss that window, and the case cannot move forward.

Class 1, 2, and 3 misdemeanors — think DUI, disorderly conduct, and criminal damage — carry a one-year statute of limitations under A.R.S. § 13-107. The clock generally starts running when the state discovers the offense, or when it reasonably should have discovered it through diligent investigation. If the state fails to file charges within that year, you may have an absolute defense to prosecution — even if the underlying conduct occurred.

For most felonies in Arizona — ranging from aggravated assault and drug offenses to theft and fraud — prosecutors have seven years from the date the offense is discovered to file charges. This applies to Class 2 through Class 6 felonies. There is an important nuance: a Class 6 felony that is later designated or convicted as a misdemeanor still retains the seven-year limitation period, not the one-year misdemeanor window.

Arizona carves out a separate two-year limitation period for criminal charges stemming from moving violations that caused serious physical injury or death, including DUI crashes that result in serious injury or death. This shorter window reflects the specific evidence considerations in traffic-related prosecutions.

Some of the most serious crimes in Arizona carry no statute of limitations at all. Under A.R.S. § 13-107(A), the state can commence a prosecution at any time for the following categories of offenses:

• Any homicide (first-degree murder, second-degree murder, manslaughter, and negligent homicide)
• Conspiracy to commit homicide that results in death
• Any Class 2 felony sexual offense listed in Chapter 14 or 35.1 of the Arizona Criminal Code
• Violent sexual assault under A.R.S. § 13-1423
• Child sex trafficking under A.R.S. § 13-3212
• Misuse of public monies or a felony involving falsification of public records

If you are facing one of these charges — no matter how many years have passed since the alleged conduct — the state is not barred by time. That makes it even more critical to have an experienced criminal defense attorney in your corner from day one.

This is one of the most misunderstood aspects of Arizona's criminal statute of limitations. The clock does not automatically start ticking on the date the crime was committed. Under A.R.S. § 13-107(B), the limitation period begins after the state's "actual discovery" of the offense — or the date by which discovery should have occurred through the exercise of reasonable diligence, whichever comes first.

What does that mean in practice? If a financial fraud scheme was carefully concealed and investigators only uncovered it years after it began, the seven-year felony window would typically start from the date of discovery — not the date the first fraudulent transaction occurred. This "discovery rule" can significantly extend the state's window to bring charges in cases involving hidden conduct.

Additionally, under A.R.S. § 13-107(C), a prosecution is formally considered "commenced" — stopping the limitations clock — when an indictment, information, or complaint is filed with the court. An arrest alone does not commence prosecution for limitations purposes.

Even within the standard limitation periods, Arizona law recognizes specific circumstances that can "toll" — or temporarily pause — the countdown. If tolling applies, the time that elapses during the tolling period does not count against the prosecution's deadline. There are two primary tolling exceptions under A.R.S. § 13-107:

If you leave Arizona or have no reasonably ascertainable place of residence within the state, the limitation period stops running for as long as you remain absent. Practically, this means the state's clock is frozen until you return. Technically, someone could be charged with a misdemeanor years later — the moment they set foot back in Arizona — if their absence paused the one-year window. This rule is designed to prevent people from evading prosecution simply by crossing state lines.

For offenses classified as "serious offenses" under A.R.S. § 13-706 — which includes crimes like manslaughter, sexual assault, armed robbery, certain aggravated assaults, kidnapping, and dangerous crimes against children — the limitation period does not begin to run at all until the identity of the perpetrator becomes known to investigators. This exception is especially relevant in cold cases where DNA evidence later identifies a suspect.

There is one additional rule worth knowing: if a complaint, indictment, or information was properly filed before the limitation period expired, and that case is later dismissed for any reason, the state has an additional six months from the date the dismissal becomes final to refile — even if the original limitation period has already expired by then.

Determining whether any of these tolling rules apply to your situation is highly fact-specific. The stakes are real: getting it wrong can mean the difference between a charge that should be dismissed and one that proceeds to trial. If you have questions about your specific circumstances, get matched in under a minute with a qualified Arizona criminal defense attorney who can analyze the timeline in your case.

The statute of limitations is not just a procedural technicality — it is a powerful affirmative defense. If your attorney can demonstrate that the state filed charges after the applicable limitation period expired, a court can dismiss the case outright, before it ever reaches trial. This is true even if the evidence of the underlying conduct is strong.

Here is how a criminal defense attorney typically analyzes the issue:

1. Identify the charge and its classification. The applicable period depends on whether the offense is a petty offense, misdemeanor, or which class of felony it is.
2. Pin down the discovery date. Was the offense discovered immediately, or did it come to light through a later investigation? The discovery rule can shift the start date significantly.
3. Check for tolling periods. Was the defendant out of state at any point? Was the defendant's identity unknown during a portion of the relevant period?
4. Verify when prosecution was commenced. When was the indictment, information, or complaint actually filed with the court? An arrest is not enough.
5. Calculate and compare. Does the total elapsed time — accounting for any tolled periods — exceed the applicable limitation? If yes, a motion to dismiss may be the right move.

Beyond the statute of limitations itself, an expired limitations period can also support other defense strategies. For example, evidence from older cases may be degraded, forensic samples may need retesting with modern technology, and eyewitness testimony becomes less reliable with the passage of time. A skilled defense attorney can use all of these factors together to challenge the prosecution's case.

If you are facing more than one charge arising from the same incident, be aware that each charge carries its own separate limitation period. A longer statute of limitations on a serious charge does not automatically extend the deadline on a lesser charge from the same event. This means that in complex criminal cases, some charges may be time-barred while others are not — creating strategic opportunities for the defense that a knowledgeable attorney will know how to exploit.

Yes. The statute of limitations applies to when charges are filed — not when an arrest is made. Under A.R.S. § 13-107(C), a prosecution is commenced when an indictment, information, or complaint is filed with the court. If that filing happens after the limitation period has run, the fact that you were never arrested during that time does not extend the deadline.

Generally, no. Once the applicable period has lapsed without a charge being filed, the state's ability to prosecute is barred. However, Arizona's discovery rule means the clock may not have started when you think it did — particularly in cases involving concealed conduct. And if tolling applies, the clock may not have run as much time as you assumed. An attorney can do the exact math for your situation.

If the state files charges before the limitation period expires and those charges are later dismissed for any reason, A.R.S. § 13-107(G) gives the prosecution up to six months after the dismissal becomes final to refile — even if the original limitation period would otherwise have expired by then. Whether the dismissal was with or without prejudice also matters significantly: a dismissal with prejudice permanently bars refiling, while a dismissal without prejudice generally preserves the state's right to refile within that six-month window.

Yes. Arizona's A.R.S. § 13-107 governs state criminal charges only. If you are facing a federal charge — such as mail fraud, federal drug offenses, or crimes occurring on federal property — a separate federal statute of limitations applies. Federal criminal cases typically carry a five-year general limitation period, though specific federal statutes vary. Your attorney needs to analyze state and federal deadlines separately.

Not automatically. The statute of limitations is an affirmative defense, which means your attorney must actively raise it — it does not dismiss a case on its own. If your attorney demonstrates that the limitation period has expired and no tolling exceptions apply, the court should grant a dismissal. But the burden of establishing the timeline, accounting for all tolling periods, and presenting the argument correctly falls on your defense team, which is why experienced legal representation is so important.

Arizona's criminal statute of limitations rules are more nuanced than a simple countdown. The discovery rule, tolling exceptions, the six-month refiling window, and the no-limit carve-outs for serious offenses all require careful legal analysis specific to your case. Missing a viable statute of limitations defense — or failing to understand that one does not apply in your situation — can have life-altering consequences.

DearLegal matches people across Arizona with vetted criminal defense attorneys who know these rules inside and out. Whether you are dealing with a misdemeanor that may be time-barred or a felony charge you need help fighting, do not wait. Start your case today — our matching process takes less than a minute, and the right attorney can make all the difference.

DearLegal is not a law firm and does not provide legal advice. This article is for informational purposes only. Consult a licensed attorney in your state for advice on your specific situation.