What is the Statute of Limitations for Minnesota Criminal Charges?

In Minnesota, if you are concerned that prosecutors may bring old criminal charges against you, there are time limits that may apply.  There is a statute of limitations that applies to most cases and if the prosecutors fail to bring charges within this time window, you cannot be charged with the crime. However, the statute of limitations varies depending on the types of charges:

What is the Statute of Limitations for all Minnesota Crimes?

Crimes Where There is No Statute of Limitations

There are some crimes in which there is no statute of limitations.  This means that prosecutors have no time constraints in which to being charges. They can go back years or even decades. These charges include:

• Any crime resulting in the death of the victim;

• Any crime involving sexual assault of an adult or of a minor;

• Kidnapping;

• Labor trafficking of an individual under the age of 18.

Crimes Where a Six Year Statute of Limitations Applies

There are certain crimes that have a six year statute of limitations applies. These are charges are more frequently fraud and theft based.  These charges include:

• Labor trafficking of an individual over the age of 18;

• Certain Bribery offenses;

• Medical assistance fraud;

• Medical care/assistance theft.

Crimes Where a Five Year Statute of Limitations Applies:

Certain crimes that would normally be three year statutes of limitations but where the value amounts typically exceed $35,000, the statue of limitations has been extended to five years. These charges include:

• Arson;

• Check forgery (when value of property or services stolen is more than $35,000);

• Corporate theft (when value of property or services stolen is more than $35,000);

• Financial exploitation of a vulnerable adult (when value of property or services stolen is more than $35,000);

• Credit card fraud (when value of property or services stolen is more than $35,000)

• False representation (when value of property or services stolen is more than $35,000);

• Theft by swindle (when value of property or services stolen is more than $35,000).

Crimes Where a Three Year Statute of Limitations Applies:

The vast majority of misdemeanor charges and several felony charges in Minnesota have a three year statute of limitations. This is the general rule unless specified otherwise and noted above with a five, six or unlimited statute of limitations.

When Does the Clock Start and Stop for the Statute of Limitations?

There are certain circumstances that can limit when the Statute of Limitations actually applies.  These circumstances include:

• This timeline excludes periods of time during which the defendant was not an inhabitant of or usually resident within this state;

• This timeline does not include any period during which the alleged offender participated under a written agreement in a pretrial diversion program relating to that offense;

• This timeline also does not include any period of time during which physical evidence relating to the offense was undergoing DNA analysis the Defense can show that the prosecuting or law enforcement agency purposefully delayed the DNA analysis process in order to gain an unfair advantage.

Go with the Best

If you are facing serious criminal charges in Minnesota but may be old or even very old, make sure that you have an experienced criminal defense attorney.  Together you can think these issues through and your attorney may be able to help.   

Jack Rice is a Board Certified Criminal Law Specialist, a former Prosecutor, a Former U.S. Federal Officer, and Founder of Jack Rice Defense. If you are facing charges, contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack’s got your back.