Illinois Criminal Statutes of Limitations – All Criminal Charges

The Illinois criminal statutes of limitations dictate the amount of time prosecutors have to file charges against someone after an alleged crime has occurred. Timing is everything in criminal defense, and statutes of limitations are important in every case. If the statute of limitations has expired on a charge, it means the state cannot prosecute that charge anymore. This can help those who are charged with a crime so they receive their right to a speedy trial.

About The Law Office of Jessica Koester, LLC

Jessica Koester is a criminal defense attorney whose office is located near the Madison County Courthouse in Edwardsville, Illinois. Our firm can be found at 155 North Main Street, Edwardsville, IL 62025. Attorney Koester handles only criminal defense cases, has significant experience going to trial on behalf of clients, and will protect your rights throughout the criminal justice process.

The Law Office of Jessica Koester, LLC, can help explain how criminal statutes of limitations work in Illinois. Our firm represents individuals in Edwardsville and the Metro East region who are facing criminal charges.

Understanding the Statute of Limitations in Illinois

Illinois had roughly 1,715 property crimes and 289 violent crimes per 100,000 residents in 2024, both of which were marginally below the national norms for those categories.

A criminal statute of limitations is the period during which the state has to file criminal charges against an individual. Once the statute expires, the state typically can no longer initiate criminal prosecution. It is important to note that there are several exceptions to every limitation period. These exceptions can toll, or delay, the deadline.

Each criminal charge has its own limitations period. Below are the statutes of limitations that apply to most felony and misdemeanor charges in Illinois.

Felony Statute of Limitations in Illinois

Under Illinois criminal defense law, felonies are categorized by classes. While each offense has its own criminal statute of limitations, most felonies fall into one of three categories:

• Felonies, which typically have a three-year statute of limitations
• Murder, which has no statute of limitations
• Class X felonies, which typically have a 10-year statute of limitations

The most serious crimes, like murder, have no limitation period and can be filed at any time. Serious sex offenses and offenses punishable by death also have no limitation period.

Sex Crimes and Longer Statutes of Limitations

Sex offenses are handled differently under Illinois criminal defense laws. Some sex crimes have longer statutes of limitations, while others have none at all. Sexual assaults against children have longer statutes of limitations that don’t begin until the victim turns 18. Additionally, if DNA evidence is collected after the crime is committed, Illinois allows prosecutors years to file charges if the evidence matches the defendant.

When the Statute of Limitations Can Be Changed

Under particular circumstances, the statute of limitations can be prevented from progressing once it starts running. When the statute is paused, prosecutors get more time to file criminal charges. Tolling the statute of limitations happens:

• When the accused is not in Illinois
• When the victim does not discover the offense
• If the identity of the suspect is unknown
• If the DNA evidence has not matched the accused to the crime

The statute of limitations increases its limit by the amount of time since the particular instance happened. For instance, if the accused left the state of Illinois for two years, that is how long the statute of limitations will be extended. Criminal defendants frequently challenge whether a tolling event occurred to preserve their statutes of limitations.

Hire a Criminal Defense Lawyer Right Away

If you think you are currently being investigated, you should hire a criminal defense lawyer before any charges are filed. Your attorney can access the state’s file and determine if the statute of limitations has expired or is about to expire.

Your lawyer can also stop the state from filing charges by contacting the prosecution or police. Many times, cases are dismissed on statute of limitations grounds before the state gets the opportunity to file charges.

FAQs

What Is the Statute of Limitations in Illinois Criminal Law?

Statutes of limitations in criminal cases specify how long prosecutors have to file charges after a crime has been committed. They exist because Illinois criminal courts prefer not to try cases where evidence has been lost or memories have faded. Once a statute of limitations has expired, the criminal defendant can successfully bring a bar, or challenge to the court’s jurisdiction to hear the case.

How Do Statutes of Limitation Differ for Misdemeanors Versus Felonies in Illinois?

Illinois typically imposes much shorter statutes of limitations for misdemeanors than for felonies. The majority of misdemeanor offenses must be brought within 18 months of the alleged offense. Felony charges, by contrast, often have longer statutes of limitations, with three years being common. Longer or even no statutes of limitations may apply to more serious felony charges.

Are There Crimes in Illinois That Have No Statute of Limitations?

Yes. In Illinois, there are a few crimes that have no statute of limitations. These crimes include murder, predatory criminal sexual assault of a child, and certain aggravated sexual assaults. Charges for these crimes may be brought even if many years have passed since the alleged offense occurred. An attorney can look at your case and let you know if it has a statute of limitations.

When Does the Statute of Limitations Clock Begin to Run in an Illinois Criminal Case?

In Illinois, the statute of limitations for a criminal offense usually starts on the date of the offense. Tolling provisions may extend the limitations period if the accused cannot be identified from the time of the offense to the time charges are brought or if the accused is continuously absent from Illinois.

Contact The Law Office of Jessica Koester, LLC, Today

At The Law Office of Jessica Koester, LLC, we understand how serious criminal charges are, and we work hard for our clients. We can look at your case to determine if it is past the statute of limitations. We can fight for your rights and future. Contact us today for a consultation.