Illinois Criminal Statute of Limitations
By FindLaw Staff | Reviewed by Heidy Garcia, JD | Last updated September 16, 2020
Every state imposes time limits -- called a "statute of limitations" -- on the filing of certain criminal charges. Time limits, in theory, ensure that the evidence (physical as well as eyewitness) has not deteriorated to the point where it becomes unreliable. Still, some serious crimes have no time limits. Illinois' criminal statute of limitations law, for example, places no limits on first-degree murder charges.
Learn about Illinois criminal statute of limitations in the table below. If you have specific questions about your unique circumstances, speak with a qualified Illinois criminal defense attorney to learn more.
State | Illinois |
---|---|
Topic | Criminal Statute of Limitations |
Definition | The criminal statute of limitations is a time limit the state has for prosecuting a crime. Under Illinois law, the statute of limitations depends on the severity of the crime you face, ranging from one year and 6 months to no time limit. |
Code Sections | 720 ILCS 5/3-5; 5/3-7 |
Felonies |
|
Misdemeanors | Within 1 year and 6 months after its commission. |
Crimes in Which a Child Is a Victim |
|
Acts During Which Statute Does Not Run |
|
Other | N/A |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
- Illinois Codes
- Illinois Law (Learn About the Law)
- Constitution of the State of Illinois
Illinois Criminal Statute of Limitations Laws: Related Resources
- Illinois Criminal Laws
- Illinois Civil Statute of Limitations
- Time Limits for Charges: State Criminal Statutes of Limitations
Are You Suspected of a Crime? Get in Touch With a Local Defense Lawyer
There are times when you may have technically committed a crime, but procedurally the state can't bring a case against you because the time limit has passed. While every case is different, you'll want to know about the law and any possible statute of limitations defenses that may be available to you. Contact an Illinois criminal defense attorney today to learn more and get some peace of mind.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.