What is the statute of limitations for a felony charge in Utah?

For most Utah felony charges, a prosecution case must be filed within four years of when it is committed. If charges are not filed within the limitation period, future prosecution can be forever prohibited. But there are a number of exceptions to this four-year statute of limitations for more serious felony charges.

Under Utah Code Ann. 76-1-301, there is no time limitation on when a prosecution can be filed for the following charges: (a) capital felony; (b) aggravated murder; (c) murder; (d) manslaughter; (e) child abuse homicide; (f) aggravated kidnapping; (g) child kidnapping; (h) rape; (i) rape of a child; (j) object rape; (k) object rape of a child; (l) forcible sodomy; (m) sodomy on a child; (n) sexual abuse of a child; (o) aggravated sexual abuse of a child; (p) aggravated sexual assault; or (q) any predicate offense to a murder or aggravating offense to an aggravated murder.

Charges for forcible sexual abuse or incest must be filed within eight years after the offense is committed, if the offense is reported to police within four years after its commission. There are also certain exceptions that can extend the time period for filing charges involving fraud or a breach of fiduciary duty by up to three years. Additionally, if a defendant is out of state, the statute of limitations period is considered to not run against that defendant.

The statute of limitations for most misdemeanors and infractions is significantly shorter. But for either a misdemeanor or a felony, criminal charges can be barred if prosecutors fail to file charges within the limitations period imposed by the statute.

Don't Utah prosecutors have to file charges within 72 hours?

There is a common misconception that prosecutors must file charges within 72 hours from the time you are arrested and booked into jail. This misconception probably comes from the fact that if charges are not filed within 72 hours, you will probably be released from jail. But a statute of limitations is different from what is sometimes called the "72-hour" rule. Under Utah's statute of limitations for criminal charges, Utah Code Ann. 76-1-302, prosecutors have a much longer time period to file charges.

Just because you are released from jail does not mean that charges cannot be filed later. If you are released from jail without a notice of a court date, it is best to contact a Utah criminal defense attorney. An experienced defense attorney can help evaluate your case and give you a better idea of what to expect next.

Finding a Criminal Defense Lawyer in Utah

If you have been arrested, charged with a crime, or if you believe that police are investigating you, consultation with an attorney can be critical to achieving a successful outcome in your case. As an experienced Utah criminal defense attorney based in Salt Lake City, Stephen Howard has successfully defended clients in felony and misdemeanor cases ranging from homicide to DUI, and virtually everything in between.

Contact us now to schedule an initial consultation.