What is the Illinois Statute of Limitations?
Whether you are looking to file a civil suit or are worried about the potential of charges being brought against you, there are laws in place to help facilitate proper due process in a relevant timeframe. Known as the statute of limitations, there are legal time limits for bringing charges against an accused party. If you want to understand the Illinois statute of limitations better, allow Borsberry Law to explain it.
Separate Statutes
The statute of limitations can apply to two different sets of cases: civil or criminal. In the case of civil suits, they typically include instances of personal injury, destruction of property, collection of debt, breaking of contracts, etc. And while civil laws are important to understand, Borsberry Law deals more with criminal cases in the statute of limitations that apply to potential crimes.
Examples of Criminal Statutes of Limitations
Under Illinois law, here are some of the timeframes of specific crimes when the state can still file charges against you. Section 3-5 of the Illinois Criminal Code outlines the general limitations on the time frame within which criminal prosecutions must commence. Here’s a breakdown:
Unlimited Prosecution Periods
Certain serious crimes can be prosecuted at any time without limitations. These include:
- First-degree murder and attempted first-degree murder
- Second-degree murder
- Involuntary manslaughter
- Reckless homicide
- Hit-and-run incidents involving death or injury
- Concealment of homicidal death
- Treason
- Arson and aggravated arson
- Forgery
- Child pornography (specified in specific subsections)
- Aggravated child pornography
- Sexual offenses involving DNA profiles provided the DNA is entered into a database within ten years
For sexual offenses where DNA evidence is involved, prosecution is unlimited if either:
- The victim reports the crime within three years.
- The victim is murdered during or within two years after the offense.
Limited Prosecution Periods
For other crimes not mentioned above, the law specifies the following time limits:
- Felonies – Must be prosecuted within three years after the crime.
- Misdemeanors – Must be prosecuted within one year and six months after the crime.
These time frames can be adjusted if the specific statute of the offense provides a different period or if an extension is warranted by Section 3-6.
What About the Felonies in Illinois Not Covered?
In Illinois, if the statute of limitations for felonies is not specified, it is generally three years. This means that legal action must be initiated within three years from the date the felony was committed. However, there are exceptions where the statute of limitations can be extended. For example, Section 3-6 of the Illinois Criminal Code includes provisions that may lengthen this period under certain circumstances. It’s crucial to consult legal professionals for accurate guidance tailored to specific cases, as certain offenses might have different limitations or extensions based on additional statutes and regulations.
Why the Statute of Limitations is Important
Depending on the crime and the period between the comital and accusation, there’s a chance charges can be dropped. The Illinois statute of limitations puts a timeframe for when evidence and testimony are still relevant to the crime committed. The further the time between the filing of charges and the actual crime, the less likely evidence for the case can be reliably used.
How Borsberry Can Help
If you’re unsure about the statute of limitations related to charges brought against you, Borsberry Law can discuss your options and what can be done for your case. If the Illinois statute of limitations has indeed passed for your crime, our team can assist in having charges dropped. However, if you’re still within the timeframe for your case, count on our legal team to build you a legal defense to reach the best outcome for your case.
Call Our Office
For questions regarding the Illinois statute of limitations, trust the advice of Borsberry Law. Or, for additional legal help with cases involving family law, divorces, child custody, DCFS and more, contact us today at
309-869-0794 to set up a free consultation. Our office is located at 203 NE Jefferson St, Peoria, IL 61602.