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Last Modified on Jul 15, 2025
While many areas within Louisiana are relatively safe, the state as a whole struggles with an elevated crime rate. Both the alleged perpetrators and the victims of these crimes can benefit from knowing the Louisiana criminal statute of limitations. If you are curious about particular events or charges, consult a criminal defense lawyer.
Experienced Criminal Defense Lawyers in Louisiana
The Law Office of Joshua S. Guillory has experience defending those accused of both violent and nonviolent crimes. Regardless of the severity of the allegations, we can defend you against the people accusing you. Our diligence has positively affected the lives of our past clients by effectively challenging their criminal charges.
What Is a Statute of Limitations?
A statute of limitations is a time limit that prevents people from being charged with a crime after a certain timeframe has passed. There is also a statute of limitations for civil cases, like personal injuries, but these two timeframes are entirely different.
The statute of limitations is in place because, generally, the longer it takes for a case to open, the more likely important evidence has been lost to time. This can make it difficult for the defendant to prove their innocence.
However, extremely serious crimes do not have a statute of limitations, so they can be reopened at any time. This is normally reserved for offenses like sex crimes and murder.
Louisiana Criminal Statute of Limitations
The Louisiana criminal statute of limitations varies based on the type of crime and how it is typically punished. The most common timeframes include:
- Six years: The most serious felonies that are not punishable by death or life in prison have a six-year statute of limitations. If the crime can be punished by sentencing the defendant to hard labor, then the statute of limitations is longer.
- Four years: This is a lesser statute of limitations for charges that are still felonies but less serious than the six-year crimes. If the felony cannot be punished by hard labor, the statute of limitations is only four years. However, this is still a longer time period than misdemeanors.
- Two years: This is the longest statute of limitations for a misdemeanor. It is only used for misdemeanors that include jail time in the sentence.
- Six months: Misdemeanors that do not have a jail component can only be tried up to six months after the crime took place. These crimes usually only result in a fine.
- Crimes against children: The statute of limitations is much longer if the crime is directed at children. For a crime against children, the timeframe does not start until they become adults.
There are also crimes where there is no statute of limitations. Additionally, if the person commits a crime and then flees the state to avoid the statute of limitations, the timeframe is paused until the person moves back to the state. These time limits are also affected by the advancement of DNA evidence.
Why Hire a Criminal Defense Lawyer?
Louisiana criminal defense laws can change at a moment’s notice. Even if the statute of limitations for one crime is fixed, it can still be reduced or extended based on the desire of lawmakers. This is why it’s important to speak to a criminal defense attorney to understand the rules for your specific situation.
Unfortunately, sex crime accusations are commonly used to manipulate and control people. This is important because the statute of limitations on sex crimes is usually quite long. Many sex crimes have no statute of limitations.
While it’s important for crime victims to seek justice for what they’ve suffered, this can make those accused of sex crimes fearful for their futures. A criminal defense attorney can address false allegations to prevent these situations from ruining the defendant’s life unjustly.
Why Choose Us?
At The Law Office of Joshua S. Guillory, we know that criminal charges can be hard to face, regardless of whether they are for a felony or a misdemeanor. That’s why we give each case one-on-one attention so that our clients feel supported during a difficult time.
FAQs
How Long Can a Felony Case Stay Open in Louisiana?
A felony case can stay open in Louisiana for different lengths of time, depending on the offense. Smaller-scale felonies might only be open for four years, while any crime that is punishable by the death penalty does not have a statute of limitations. This is because the case can be reopened at any time.
What Has a Six-Year Statute of Limitations in Louisiana?
Crimes with a six-year statute of limitations in Louisiana include felonies with mandatory hard labor punishments. Felonies that have the option of hard labor but not a requirement have a four-year statute of limitations. Misdemeanors have statutes of limitations between six months and two years, based on whether the sentence includes imprisonment or just a simple fine.
What Are the Exceptions to the Statute of Limitations in Louisiana?
The exceptions to the statute of limitations in Louisiana include crimes where there is a relationship between the people involved. This includes bribery and misappropriation of funds. The statute of limitations does not start until the financial relationship between the parties involved ends. This also applies to violent crimes or crimes against minors.
What Is the Statute of Limitations for a Misdemeanor?
The statute of limitations for a misdemeanor depends on the type of crime. Some misdemeanors are only punishable by a fine, not jail. If this is the case, then the statute of limitations is only six months. However, if the crime is punishable by jail time, then the statute of limitations increases to two years.
Hire an Attorney for Criminal Defense Cases
There are 4.234 cases of assault in Louisiana for every 1,000 residents. Although some areas in the state are relatively safe, many places throughout Louisiana experience higher levels of crime. For more information on the statute of limitations for criminal charges, schedule a consultation with The Law Office of Joshua S. Guillory.
