Felonies in Florida have varied statutes of limitations, from none in the case of capital felonies, to up to two years in the case of misconduct in public office. If the criminal suspect is outside the state, majority of the states suspend running the statute of limitations felony during that period. Contrary to this, Florida extends the statute only up to three years.
Capital Felonies in Florida:
A crime can be considered a capital felony if the criminal defendant kills some one. There is no statute of limitations for capital felonies, be it a prosecution seeking life imprisonment or a prosecution seeking the death penalty.
Statute of limitations for perjury is established based on whether the criminal statutes consider the perjury as a misdemeanor or felony. However, there is no statute of limitations if the perjury is committed in an official proceeding, involving a capital offense.
First Degree and Second Degree Felonies:
Usually the statute of limitations for felonies of first and second degrees is three years, from the date on which the crime was committed. Additionally, the statute of limitations is up to five years in the case of first and second felonies, which include abuse and neglect to aged or disabled persons.
Statute of Limitations for Other Felonies:
- The statute of limitations is five years in the case of violation of a securities transaction.
- The statute of limitations is five years in the case of violation of environmental control, starting from the date of discovery.
- The statute of limitations is three years for offenses involving fraud or breach of fiduciary obligation.
- If the offense is one of the above crimes, or if it misconduct in public office, within 2 years of leaving public office, then the statute of limitations will either be for that crime or for whichever is greater.
- Sexual offenses are also treated as proportional to the degrees of felony as above. However, if the victim is below 18 years of age, then the statute of limitations begins either when the offense is reported, or after the age of 16 years is reached, whichever comes earlier.
Suspension of Statute Of Limitations Felony:
The state of limitations is suspended up to three years if the criminal suspect is either out of the state, or if he is within the state, but does not have a reasonable work or residence.
These are some aspects regarding statute of limitations for various felonies in the state of Florida.