Statutes of Limitations are laws that dictate the timeframe within which a person or prosecutor can file a lawsuit after a crime is committed. Once the time limit has elapsed, the charge (lawsuit) can no longer be filed. The purpose of this time limit is to ensure that evidence remains intact, memories haven’t faded yet, and witnesses are still available to testify. It protects a person from defending ‘stale claims’ that have been neglected for some time. It is meant to encourage the aggrieved parties to pursue their claims with diligence.
Criminal Cases
In North Carolina, the statute of limitations for most misdemeanors is two years, but for felonies, there is no time limit. Since rape and the vast majority of other sexual offenses-including indecent liberties with a minor, statutory rape, and statutory sex offense-are felonies, prosecutors do not have a time limit for pursuing these cases.
Civil Cases
The time frame for filing a civil lawsuit usually ranges from 1 to 3 years in North Carolina, depending on the type of claim. For most claims including injury to a person, the SOL is three years, and if a child is involved, the ‘countdown’ only starts when the child turns 18. Until late 2019, there has been no specific statute of limitations for child sexual abuse. Since Senate Bill 199 has been enacted in the State of North Carolina, the time limit for child sexual abuse has been set at ten years from the time the child turns 18.
If you are charged with child sexual abuse or child molestation, call to schedule a free consultation with the attorneys at Marcilliat & Mills PLLC.
State v. B.S.: Not Guilty Verdict in First Degree Murder Case.
In this case, our client was charged with First Degree Murder in connection with a “drive-by” shooting that occurred in Charlotte, NC. The State’s evidence included GPS ankle monitoring data linking our client was at the scene of the crime and evidence that our client confessed to an inmate while in jail. Nonetheless, we convinced a jury to unanimously find our client Not Guilty. He was released from jail the same day.
State v. S.G.: First Degree Murder Charge Dismissed..
Our client was charged with First Degree for the shooting death related to alleged breaking and entering. The State’s evidence included a co-defendant alleging that our client was the shooter. After conducting a thorough investigation with the use of a private investigator, we persuaded the State to dismiss entirely the case against our client.
State v. B.D.: First Degree Murder Charged Dismissed..
After conducting an investigation and communicating with the prosecutor about the facts and circumstances indicating that our client acted in self-defense, the case was dismissed and deemed a justifiable homicide.
State v. I.R.: Reduction from First Degree Murder to Involuntary Manslaughter and Concealment of Death..
Our client was charged with the First Degree Murder of a young lady by drug overdose. After investigating the decedent’s background and hiring a preeminent expert toxicologist to fight the State’s theory of death, we were able to negotiate this case down from Life in prison to 5 years in prison, with credit for time served.
State v. J.G.: .
Our client was charged with First Degree Murder related to a “drug deal gone bad.” After engaging the services of a private investigator and noting issues with the State’s case, we were able to negotiate a plea for our client that avoided a Life sentence and required him to serve only 12 years.