Statute of Limitations on Criminal Charges in Illinois

In Illinois, the criminal statute of limitations is a law that sets a maximum time for bringing charges after a criminal act. Prosecutors must bring charges within the applicable statute of limitations, or they cannot prosecute the case.

The length of time varies depending on the type of crime and other factors, like the victim's age. The statute of limitations can be found in the Illinois Criminal Code.

It's important to note that the statute of limitations may vary depending on the case, so it's best to consult with a Chicago criminal defense attorney. Contact Ktenas Law criminal defense lawyers today for more information at (312) 756-8652.

What is a Statute of Limitations?

A statute of limitations is a law that sets a time limit for bringing criminal charges. The length of the limit varies by state and crime severity. In Illinois, there is no time limit for serious felonies, but misdemeanors have a three-year limit.

How Does the Statute of Limitations Work in Illinois?

The statute of limitations in Illinois is a law that sets the amount of time a prosecutor has to file criminal charges against an individual. This timeframe begins on the date of the alleged offense and differs depending on the type of crime.

In some cases, there may be an exception that stops or pauses the clock on the statute of limitations. In Illinois, if no charges are brought within the allotted timeframe, the individual cannot be prosecuted for the offense.

Criminal Offenses with No Statute of Limitations

Certain criminal offenses in Illinois have no statute of limitations due to the time it may take to gather physical evidence such as sexual assault evidence, reckless homicide evidence, homicidal death evidence, financial exploitation evidence, and personal injury evidence. This means charges can be filed at any time, regardless of when the alleged crime took place.

Examples of these crimes include first-degree murder, sexual assault, sexual exploitation of a disabled person, fraud, theft of public funds, and sexual abuse involving minors. If found guilty, the person could face severe punishments, such as life imprisonment or even the death penalty for first-degree murder.

Involuntary Manslaughter

In Illinois, involuntary manslaughter is considered a Class 3 felony. The statute of limitations for a Class 3 felony offense is three years. This means that prosecutors in the state of Illinois have up to three years to file charges against someone accused of involuntary manslaughter.

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The statute of limitations for criminal charges can vary depending on the severity of the crime and other factors such as the age of the victim or the geographical location of the crime. It is important to consult with a knowledgeable attorney to determine the applicable statute of limitations in your case.

Child Pornography

Possession of child pornography in Illinois is considered a Class X felony under 720 ILCS 5/11-20.1(b). The punishment for the distribution of child pornography is 6-30 years imprisonment and a fine of up to $100,000. The statute of limitations for this crime is three years. This means the state has three years from the offense to file charges.

1st and 2nd Degree Murder

In Illinois, there are no statutes of limitations for first and second-degree murder charges. This means that a person can be charged with either crime at any time, regardless of how much time has passed since the alleged offense occurred.

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This is true even if the alleged offender had already been convicted of an unrelated crime or already served a sentence for another offense. The only exception would be if the defendant is found not guilty of the crime.

Time Limits for Criminal Charges in Illinois

The statute of limitations is an important consideration for those facing criminal charges in Illinois. This law sets a time limit on how long prosecutors have to file charges against a defendant after they become aware of the crime. The statutes of limitations may vary depending on the severity of the crime and other factors, but it is generally two to five years from the date of the offense.

For less serious misdemeanors, the statute of limitations can generally be two years; for felonies, the limit is usually five years. Some offenses, such as murder and certain sex crimes involving minors, have no statute of limitations in Illinois.

If you are facing potential charges, it is important to consult with an experienced attorney to determine the applicable statute of limitations period in your case.

Theft of Property

The statute of limitations for misdemeanors such as theft charges in Illinois is three years. This means that the limitations for misdemeanors criminal charges can be brought against a person accused of stealing property and identity theft within three years of the date of the offense.

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However, if the defendant leaves the state before trial, then the statute of limitations will be extended to five years. In addition, if there is evidence that a defendant committed a crime more than three years ago, prosecutors may be able to use this evidence as circumstantial evidence in a current trial.

Call Ktenas Law Today and Schedule a Free Consultation

In Illinois, it's important to know when the statute of limitations expires for filing criminal charges. The statute of limitations varies from one to twenty years, depending on the severity of the offense.

For most misdemeanors, the statute of limitations is two years; for felonies, it is generally five years. Ktenas Laws legal team offers legal defense to individuals facing felony charges and misdemeanor offenses charges. If you are facing criminal charges our experienced legal team can help you understand the statute of limitations clock.

If you have any questions about the applicable period for filing of charges in Illinois, contact the experienced defense counsel at Ktenas Law today to discuss strong defense strategy options for your criminal trial case.