Tampa Statute of Limitations Defense Lawyer

Florida’s Criminal Statute of Limitations: A Tampa Defense Lawyer Explains

For anyone under investigation or fearing potential criminal charges in Tampa Bay, one question looms largest: How long does the State have to act? Our Tampa statute of limitations lawyer explains below.

In Florida, the statute of limitations (§775.15, Fla. Stat.) governs this deadline, establishing the maximum time prosecutors have to file charges after someone commits a crime. Fundamentally, the purpose is to ensure fairness and due process because, as time passes, evidence degrades, witnesses disappear, and memories fade.

However, these rules are not simple. Instead, they are a complex web of timelines, exceptions, and extensions that can make or break a criminal case. For defendants in Hillsborough, Pasco, Pinellas, and across the Tampa Bay area, understanding these deadlines is a critical first step in building a powerful defense.

This guide, therefore, breaks down Florida’s statute of limitations in clear terms, with a special focus on the highly complex rules surrounding sex crime allegations.

Florida’s General Deadlines for Criminal Charges

Unless a specific exception applies, the State of Florida must file charges within the following timeframes:

• No Time Limit: Capital felonies, life felonies, and any felony that results in a death.
• 4 Years: First-degree felonies.
• 3 Years: Second and third-degree felonies.
• 2 Years: First-degree misdemeanors.
• 1 Year: Second-degree misdemeanors and noncriminal violations (like traffic infractions).

Generally, the clock starts ticking the day after the alleged offense occurs.

Can the Clock Be Paused? Tolling and Extensions in Florida

Consequently, it’s a common misconception that you can simply “wait out” the clock. In reality, Florida law allows courts to “toll” (pause) or extend the statute of limitations under several key circumstances.

• For instance, if you leave Florida, the State can get up to an additional 3 years to file charges, as the law pauses the clock while you are continuously absent.
• Additionally, if charges were filed on time but later dismissed, prosecutors may have an additional period (typically 3 months) to refile them.
• Furthermore, for crimes involving fraud or public misconduct, the clock may not start until someone discovers the crime, giving the State extra time.

Therefore, if you are facing charges in Tampa, it’s a mistake to assume the deadline has passed without a detailed legal analysis. An experienced criminal defense attorney can determine if any of these extensions apply to your case.

Don’t Guess About Your Future. Get a Clear Answer.

The statute of limitations can be a complete bar to prosecution—your strongest possible defense. But you cannot leave it to chance. At The Brancato Law Firm, P.A., we analyze the specific facts of every Tampa Bay case to see if the State has missed its deadline.

Call us now at (813) 727-7159 for a confidential, no-pressure consultation to understand your rights.

A Critical Exception: Florida’s Statute of Limitations for Sex Crimes

Nowhere are the rules more complex than in cases involving alleged sex offenses. Recognizing the sensitive nature of these allegations, especially with minor victims, the Florida legislature has created a unique and often prosecution-friendly framework.

1. Sex Crimes That Have NO Statute of Limitations

For many serious sex crimes in Florida, prosecutors can file charges at any time. There is no deadline for:

• Sexual Battery (§ 794.011): If the victim was under 18 or if the crime was reported to law enforcement within 72 hours.
• Lewd or Lascivious Conduct (§ 800.04): In most cases involving a minor victim.
• Child Pornography (§ 827.071): For adult offenders.
• Human Trafficking (§ 787.06):

2. How DNA Evidence Resets the Clock

Perhaps the most powerful tool for prosecutors is DNA. Specifically, if DNA evidence identifies a suspect for sexual battery or certain lewd/lascivious offenses, prosecutors can begin prosecution at any time, completely overriding the standard deadlines. This powerful exception applies to any DNA identification made on or after July 1, 2006.

Why You Need an Experienced Tampa Criminal Defense Attorney

As this guide shows, determining the correct statute of limitations is not a simple calculation. Instead, it requires a deep understanding of the law, the specific facts of the case, and the strategies prosecutors use in Hillsborough County and the surrounding Tampa Bay area.

Answering these questions correctly can be the difference between a dismissed case and a felony conviction. The statute of limitations is a powerful shield, but you must use it correctly for it to be effective.

Take Control of Your Case. Call a Tampa Defense Lawyer Today.

If you are under investigation or have been charged with a crime in Tampa, do not wait for the State to decide your fate. Ultimately, the statute of limitations is a powerful shield, but only if an expert wields it correctly. At The Brancato Law Firm, P.A., we have successfully defended clients in the most complex felony and sex crime cases by challenging the State’s timeline and evidence.

We know how prosecutors in Tampa apply §775.15—and more importantly, we know how to hold them accountable when they get it wrong. Let us give you a clear answer and build the powerful defense you deserve.

Call us today at (813) 727-7159 for a confidential, strategic evaluation of your case.