Most people are familiar with a statute of limitations on civil cases, but it largely goes unnoticed with criminal cases. With the advance of forensics, many ‘Cold Cases’ are provided a new breath of life and receive quite a bit of media attention. People often do not realize there are limitations to when a crime can be prosecuted and with some exceptions, there are limitations to the prosecution of most crimes in the State of Tennessee. Our Nashville Criminal Lawyers have provided a brief, simplified explanation of the limitations. If you have been charged with any misdemeanor in Tennessee which occurred more than a year ago or a felony in Tennessee which occurred more than the years provided below, your criminal attorney should always consider the possibility of the time-barred defense.

Felony Prosecutions in Tennessee shall begin within:

  1. Fifteen (15) years for a Class A felony in Tennessee;
  2. Eight (8) years for a Class B felony in Tennessee;
  3. Four (4) years for a Class C or Class D felony in Tennessee; and
  4. Two (2) years for a Class E felony in Tennessee.

Exceptions:

  • Offenses arising under the Tennessee revenue laws (including but not limited to any state tax evasion, attempts to defraud the state of Tennessee government);
  • Prosecution for Arson shall commence within eight (8) years from the date the offense occurs;
  • Crimes against children
  • Crimes committed before November 1, 1989
  • Crimes which are punishable by life imprisonment

Criminal Statute of Limitations for Tennessee Misdemeanor Prosecutions

The prosecution of misdemeanors are governed by Tennessee Code Annotated 40-2-102. It provides that the prosecution all misdemeanors shall be commenced within twelve (12) months after the crime was committed.

Exceptions:

  • Gaming related misdemeanor offenses (6 months)
  • Criminal Impersonation through the use of a fraudulently obtained driver’s license

Purpose of the Tennessee Criminal Time Limitations on Prosecutions

The statute enacted limiting the time in which a criminal case must be prosecuted serves to assure that stale cases are not brought forth by the government, making it potentially unfairly difficult to defend (Where were you, who were you with and what were you doing 10 years ago? I doubt you can remember) and provides a great incentive for the State of Tennessee not to delay in their prosecution of an individual.