Statute of Limitations on Criminal Charges in Mississippi
Mississippi Statute of Limitations on Criminal ChargesSection 99-1-5 of the Mississippi Code states that the statute of limitations for crimes in Mississippi is two (2) years. In other words, criminal charges must be "commenced" within two (2) years from the date the offense was committed.
Commencement of Criminal ChargesFor statute of limitations purposes, a criminal case is "commenced" when an affidavit is filed or an indictment issued which accuses a person of committing a criminal offense.
ExceptionsMississippi's statute of limitations is more famous for what it excludes, rather than for what it includes.
The statute provides a five-year statute of limitations for the crimes of conspiracy and felonious assistance program fraud.
In addition, the statute states that there is no statute of limitations for a host of crimes under Mississippi law. The crimes as to which there is no statute of limitations include: murder, manslaughter, aggravated assault, kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, obtaining money or property under false pretenses or by fraud, felonious abuse or battery of a child, touching or handling a child for lustful purposes, sexual battery of a child, or exploitation of children.
ConclusionWhile Mississippi has a statute of limitations, a substantial, if not majority of criminal offenses are exempted from the statute. If you have been charged with a crime, you should seek an experienced criminal defense lawyer immediately.
Curt Crowley. Offices in Jackson and Gulfport