The statute of limitations means how long the State has to bring charges against an individual after a crime has been committed (not how long the state has to actually try the case). In Georgia, there are several categories of crimes that determine the length of the statute of limitations:

• Murder- none
• Other felonies punishable by death or life imprisonment- 7 years
• Forcible rape- 15 years
• Offenses of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery when DNA evidence is used to establish the ID of the accused – none
• Trafficking a person for sexual servitude, cruelty to children in the first degree, rape, aggravated sodomy, child molestation or aggravated child molestation, enticing a child for indecent purposes, or incest against children less than 16 years old committed on and after July 1, 2012- none
• Other felonies- 4 years
• Felonies committed against victims less than 18 years old- 7 years
• Misdemeanors- 2 years

The statute of limitations is “tolled” (or suspended) until the crime becomes known. This means that the clock does not start running until the crime is known. The state often argues that the crime becomes “known” when the state becomes aware of the charges (i.e. a victim reports the crime to authorities). However, a recent Georgia Supreme Court decision, State v. Jones (case cite: S22A0425), clarifies this issue. The Georgia Supreme Court held in Jones held that a crime becomes known, and thus the statute of limitations begins running, when the crime is known to the victim. This means that if a victim waits until the statute of limitations has run out, charges may not be brought. The Court cites their earlier decision in Harper v. State saying that ““the actual knowledge of a crime victim about the crime is imputed to the State for purposes of applying the tolling provision”, and that “the correct date to apply in analyzing the statute of limitation is the date that the crime became known to the victim of the crime.”  Another decision, Womack v. State clearly says that “it seems to be well settled that . . . the knowledge of the victim is the knowledge of the State . . . .”

If you believe that you have been charged with a crime outside of the statute of limitations in Fulton, Dekalb, Gwinnett, Cobb or Clayton Counties, it is important that you work with an experienced criminal defense attorney who understands the nuances of the law. At the Law Office of W. Scott Smith, our attorneys will leave no stone unturned to ensure that charges brought against our clients are legal. If you need representation for any criminal offense, call our offices at 404-581-0999.