When you are facing criminal charges in New Jersey, you need to defend yourself by all means available. This is especially true if you have been charged with an indictable crime. All indictable crimes carry fines and prison time—with even the lowest-level offenses (fourth-degree indictable crimes) carrying up to a $10,000 fine and 18 months in prison.
While some criminal defense strategies involve preventing the prosecution from meeting its burden of proof, there are also defenses that can protect you regardless of the facts of your case. One of these defenses is asserting the statute of limitations. If the statute of limitations for your case has expired, a New Jersey criminal lawyer may be able to get your charges dismissed without the need to go to trial.
New Jersey’s Statute of Limitations for Indictable Crimes
The General Rule: New Jersey’s Five-Year Statute of Limitations for Indictable Crimes
So, what is the statute of limitations for an indictable crime in New Jersey? The statute of limitations is outlined in Section 2C:1-6 of the New Jersey Code of Criminal Justice:
“Except as otherwise provided in this section, . . . [a] prosecution for a[n indictable] crime must be commenced within five years after it is committed. . . .”
Under Section 2C:1-6, the general rule is that the statute of limitations for indictable crimes is five years from the date the crime is committed. If the government waits too long to prosecute you—even by a single day—then you are entitled to have your charge (or charges) dismissed.
For example, let’s say you were arrested for causing an accident resulting in injury while driving under the influence (DUI) on New Year’s Eve 2022. At a minimum, this is a fourth-degree indictable offense. Under New Jersey’s statute of limitations for indictable offenses, the government would have five years—or until New Year’s Eve 2027—to commence prosecution. If the prosecution files its case any later, your New Jersey criminal lawyer should be able to assert the statute of limitations in your defense.
Exceptions to the General Rule: Extended Statutes of Limitations for Certain Indictable Crimes
But, while this is the general rule, there are several exceptions. In other words, the statute of limitations for indictable crimes in New Jersey is not five years in all cases. For example, the following indictable crimes are subject to an extended statute of limitations of seven years:
- Bribery of public officials (Section 2C:27-2)
- Compounding (Section 2C:29-4)
- Official misconduct (Section 2C:30-2)
- Speculating or wagering on official action or information (Section 2C:30-3)
- Conspiracy to commit any of the offenses listed above
Section 2C:1-6 also establishes special “limitations periods” for cases involving certain crimes committed against children. These include:
- Criminal Sexual Conduct with a Minor (Section 2C:14-3) – The government must commence prosecution within five years of the victim turning 18 or within two years of the victim discovering the crime, whichever is later.
- Endangering the Welfare of a Child (Section 2C:24-4) – The government must commence prosecution within five years of the victim turning 18 or within two years of the victim discovering the crime, whichever is later.
As you can see, these provisions can potentially extend the statute of limitations for these indictable offenses for decades. If a victim of criminal sexual conduct with a minor or child endangerment does not discover that he or she was victimized until well into adulthood, the government can commence prosecution up to two years after the victim’s discovery. However, there may be questions as to whether the victim truly discovered the alleged crime later in life—and this can be a key issue for the defense in some cases.
Exceptions to the General Rule: Indictable Crimes with No Statute of Limitations in New Jersey
Finally, under New Jersey law, there are some indictable crimes for which there is no statute of limitations. This means that the government can prosecute at any time, regardless of how long it has been since the alleged crime was committed. The indictable crimes that are not subject to a statute of limitations in New Jersey include:
- Murder (Section 2C:11-3)
- Manslaughter (Section 2C:11-4)
- Sexual assault (Section 2C:14-2)
- Causing or risking widespread injury or damage (Section 2C:17-2)
Exceptions to the General Rule: Pending Prosecutions and Fleeing from Justice
Even if New Jersey’s standard five-year statute of limitations for indictable offenses applies, the government can still prosecute after five years in some cases. Under Section 2C:1-6, there are two scenarios in which the statute of limitations is “tolled,” or during which the five-year clock doesn’t run:
- Pending Prosecution – New Jersey’s statute of limitations for indictable crimes does not run “during any time when a prosecution against the accused for the same conduct is pending in this State.”
- Fleeing from Justice – The statute of limitations for indictable crimes “shall not apply to any person fleeing from justice.”
How Do You Assert the Statute of Limitations in Your Defense?
Let’s say you have been charged with an indictable crime in New Jersey, and let’s say the statute of limitations expired before the government commenced its prosecution of your case. How do you assert the statute of limitations in your defense?
To assert the statute of limitations, you must raise the issue in court. Neither prosecutors nor the judge are going to raise the issue for you. You must make an appropriate filing, and, in your filing, you must clearly outline why you are entitled to have your charge (or charges) dismissed. Due to the challenges (and risks) involved, it is strongly in your best interests to have an experienced New Jersey criminal lawyer on your side.
Request a Confidential Consultation with a New Jersey Criminal Lawyer
Do you need to know more about asserting the statute of limitations as a defense to an indictable crime in New Jersey? If so, we encourage you to contact us promptly. To arrange a confidential consultation with a New Jersey criminal lawyer at Helmer, Conley & Kasselman, P.A., please call 877-435-6371 or inquire online today.
