Statute of Limitations for Georgia Criminal Charges
On this page
- Murder Has No Limitations Period
- Crimes Punishable by Death or Life Imprisonment: Seven Years
- Other Felonies: Four Years, or Seven if the Victim Was a Minor
- Misdemeanors: Two Years
- When the Period Begins to Run
- What “Commencement” of Prosecution Means
- Additional Exclusions From the Limitations Period
- A More Complete Picture Than the Common Shorthand
- How This Page Relates to Tolling Doctrines
- Related posts:
Every criminal charge in Georgia is subject to a deadline by which the state must commence prosecution, unless that charge falls into a category Georgia law exempts from any deadline at all. O.C.G.A. § 17-3-1 sets out the baseline limitations periods that apply before any tolling provisions come into play, and the periods vary considerably depending on the severity of the offense.
Murder Has No Limitations Period
Georgia imposes no statute of limitations on murder. Prosecution for murder may be commenced at any time, regardless of how many years or decades have passed since the offense. This reflects the legislature’s judgment that the most serious offense in the criminal code should never become unprosecutable simply because of the passage of time.
Crimes Punishable by Death or Life Imprisonment: Seven Years
Offenses punishable by death or life imprisonment, other than murder itself, must generally be charged within seven years. Forcible rape, however, carries an extended period of 15 years rather than the standard seven-year window applicable to other offenses in this category, reflecting a legislative recognition of the particular challenges victims of that offense may face in coming forward.
Other Felonies: Four Years, or Seven if the Victim Was a Minor
Most other felonies must be charged within four years of the offense. Where the victim was under 18 years of age at the time of the offense, however, the limitations period extends to seven years, giving the state additional time to bring charges in cases involving minor victims.
Misdemeanors: Two Years
Misdemeanor offenses carry the shortest limitations period under § 17-3-1, requiring that charges be brought within two years of the offense.
When the Period Begins to Run
The limitations period generally begins running from the date the crime is completed, meaning the date of the last act constituting the offense. This starting point is subject to adjustment under separate tolling provisions that can pause or delay the running of the period in specific circumstances, such as when the perpetrator is unknown to law enforcement, when the crime itself was concealed, or when the victim was a minor at the time of the offense.
What “Commencement” of Prosecution Means
The limitations period is not stopped by an arrest. Under Georgia law, a prosecution is commenced, and the limitations clock is arrested, by the return of an indictment by a grand jury or the filing of an accusation. An arrest alone, without one of these formal charging steps, does not toll or stop the limitations period from continuing to run.
Additional Exclusions From the Limitations Period
Beyond the baseline periods set out in § 17-3-1, O.C.G.A. § 17-3-3 identifies other categories of time that may be excluded from the running of the limitations period. These additional exclusions operate alongside the baseline periods described above and can extend the practical deadline for prosecution in qualifying circumstances.
A More Complete Picture Than the Common Shorthand
Many general descriptions of Georgia’s criminal limitations periods reduce the framework to a simple statement that felonies carry a four-year deadline and misdemeanors carry a two-year deadline. That shorthand omits several significant features of the actual statute: the complete absence of any deadline for murder, the seven-year period (or 15 years for forcible rape) applicable to offenses punishable by death or life imprisonment, and the extended seven-year period for other felonies involving a victim under 18. A reader trying to understand how long the state has to bring a particular charge needs the complete tiered structure, not just the two most commonly cited numbers.
How This Page Relates to Tolling Doctrines
The periods described here are the starting points before any tolling adjustment is applied. Separate doctrines address tolling based on a victim’s minority at the time of the offense and tolling based on concealment of a crime or an unknown perpetrator, each of which can extend these baseline periods in qualifying cases.
This article provides general information about Georgia law and is not legal advice. Consult a licensed Georgia attorney about a specific situation.