Yes. A statute of limitations sets the deadline for the state to initiate criminal prosecution after an alleged offense. Its purpose is to ensure timely investigations, preserve evidence, and protect defendants from facing charges long after a criminal act took place. Under Washington law, the statute of limitations for misdemeanors is one to two years, depending on whether the misdemeanor is charged as a simple misdemeanor or a gross misdemeanor.
Simple Misdemeanors in Washington
RCW 9A.04.080 is the Washington statute that sets forth the statute of limitations for the prosecution of criminal offenses. Per this law, “no misdemeanor may be prosecuted more than one year after its commission.”
In simpler terms, if law enforcement does not charge you within 365 days of an alleged misdemeanor, they lose the legal authority to prosecute, and you cannot be charged with a crime.
Please note that this includes simple misdemeanors, not to be confused with more serious gross misdemeanors, felonies, or traffic offenses. Examples of simple misdemeanors include:
- Possession of marijuana,
- Petty theft (like shoplifting), and
- Disorderly conduct.
Gross Misdemeanors in Washington
Washington law treats gross misdemeanors as more serious than standard misdemeanors. As a result, RCW 9A04.080(1)(k) says that the statute of limitations for most gross misdemeanors is two years.
Again, this means that if law enforcement does not charge you within two years of an alleged gross misdemeanor, they lose the legal authority to prosecute, and you cannot be charged with a crime.
Examples of gross misdemeanors include:
Can Something Pause or Reset the Statute of Limitations?
Yes. There are important exceptions or “tolling” rules that temporarily pause the statute of limitations clock. The two main tolling rules are:
- Absence from the state: If you are absent from Washington, the one- or two-year clock pauses until your return.
- Sex offenses: For certain sex crimes, the statute starts when the offense occurred, or four years after your identity is confirmed by DNA or photo, whichever is later.
Contact Black & Askerov for Help
The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on misdemeanor charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
