Time’s Up? Understanding How Statutes of Limitations Impact Criminal Cases in Mississippi

In Mississippi, the statute of limitations prevents prosecution for certain crimes after a set amount of time has passed. A “statute of limitations” can be defined as a law that sets a deadline for bringing legal action, intended to encourage timely prosecution and ensure fairness by preventing the revival of old claims. However, many serious crimes are exempt, meaning they can be prosecuted at any time—no matter how long ago the crime occurred.

When Does the Statute of Limitations Does Apply?
For the statute of limitations to apply to a crime, the prosecution must not have “commenced”. This means:
• No warrant has been issued.
• No court order has been signed requiring your appearance.
• No affidavit or indictment has been filed.

What Crimes do the Statute of Limitations Apply to?
The most common cases where the statute of limitations applies include drug offenses, which must be prosecuted within two (2) years.
Other specific time limits under Mississippi law include:
• Larceny of timber: 6 years
• Bribery: 5 years
For crimes that are not listed in Mississippi Code Ann. § 99-1-5 as having no statute of limitations or a specific time frame for prosecution, the law generally requires that prosecution must commence within two (2) years from the date the alleged offense was committed.

What Crimes do the Statute of Limitations Not Apply to?
Prosecution is never barred for the following offenses:
• Murder
• Manslaughter
• Aggravated assault
• Aggravated domestic violence
• Kidnapping
• Arson
• Burglary
• Forgery
• Counterfeiting
• Robbery
• Larceny
• Rape
• Embezzlement
• Obtaining money or property under false pretenses or by fraud
• Felonious abuse or battery of a child
• Touching or handling a child for lustful purposes
• Sexual battery
• Exploitation of children
• Promoting prostitution involving a minor
• Felonious abuse of vulnerable persons
• Sexual battery when DNA evidence later identifies the accused
• Any human trafficking offense

Understanding how the statute of limitations works is crucial to knowing your rights and options in a criminal case. If you have questions or need legal guidance, feel free to reach out to McCormick Lawrence, PLLC. We’re here to help.