Time is of the Essence
At the Tulsa Criminal Defense Law Firm, we understand that being accused of a crime can be a frightening experience. That’s why we’re here to help you understand Oklahoma’s Statute of Limitations and how it can help you if you’ve been accused of a crime.
Oklahoma’s Statute of Limitations is a legal time limit that determines the amount of time prosecutors have to file criminal charges against someone. In other words, it sets a deadline for when a case must be brought to court. The statute of limitations for different crimes can vary depending on the severity of the crime and other factors.
Specifics on Oklahoma’s Statute of Limitations
The Oklahoma Statute that defines the Statute of Limitations is Okla. Stat. tit.22§152. In Oklahoma, there is no statute of limitations for crimes like murder, manslaughter, or certain sex crimes. However, for other crimes like theft or assault, the statute of limitations may range from three to seven years.
In Oklahoma, the Statute of Limitations varies depending on the type of crime that was committed. Here are some examples of specific time limits for certain crimes:
- Murder: There is no Statute of Limitations for murder in Oklahoma. This means that a person can be charged with murder at any point in the future, even if the crime was committed many years ago.
- Rape: The Statute of Limitations for rape in Oklahoma is 12 years. However, there are certain circumstances that can extend the statute of limitations, such as if DNA evidence is found that can identify the perpetrator, or if the accused has left the state and cannot be located. It’s worth noting that the statute of limitations for rape in Oklahoma has been amended several times in recent years, with the most recent amendment increasing the time limit from 10 years to 12 years. It’s also important to keep in mind that the statute of limitations can vary depending on the specific circumstances of the case and the nature of the charges. It’s always best to consult with a criminal defense lawyer who is experienced in handling rape cases in Oklahoma to understand the specific time limits that may apply to your situation.
- Robbery: The Statute of Limitations for robbery in Oklahoma is 7 years. This means that the prosecution must bring charges within 7 years of the crime being committed.
- Forgery: The Statute of Limitations for forgery in Oklahoma is 7 years. This means that the prosecution must bring charges within 7 years of the crime being committed.
It’s important to note that these time limits can vary depending on the specific circumstances of the case, and there are some situations where the Statute of Limitations may be tolled, or paused, which can extend the time limit. That’s why it’s important to consult with an experienced Tulsa criminal defense lawyer if you’ve been accused of a crime such as a drug offense, robbery, etc.
If the statute of limitations has expired for a particular crime, prosecutors are barred from bringing criminal charges against you. This means that if you were accused of a crime that happened more than the statute of limitations allows for, you cannot be prosecuted for that crime.
How Oklahoma’s Statute of Limitations Can Help You
If you’ve been accused of a crime in Oklahoma, understanding the statute of limitations can be an important tool in your defense. It’s crucial to know how long prosecutors have to bring charges against you, as this can help you build your defense strategy. For example, if you were accused of a crime and the statute of limitations has expired, you can use this to argue that the charges should be dismissed. Similarly, if the prosecution waits too long to bring charges, your defense attorney may argue that your right to a speedy trial has been violated.
The Tulsa Criminal Defense Law Firm can use the Statute of Limitations law to help you in cases like the following example
- Case Dismissed due to Expiration of Statute of Limitations: In one case, a client was accused of a crime that allegedly occurred 10 years prior. However, the statute of limitations for the crime was only 7 years. The criminal defense lawyer was able to argue that the statute of limitations had expired and the case was dismissed.
- Reduced Charge due to Statute of Limitations: In another case, a client was accused of a serious crime that occurred 3 years prior. The criminal defense lawyer discovered that the statute of limitations for the crime was 2 years. The lawyer was able to use this information to negotiate a plea deal with the prosecutor, resulting in a reduced charge and a more lenient sentence for the client.
- Evidence Suppressed due to Expiration of Statute of Limitations: In a third case, a client was accused of a drug offense that allegedly occurred 5 years prior. However, the statute of limitations for the offense was only 3 years. The criminal defense lawyer was able to argue that the evidence against the client was obtained after the expiration of the statute of limitations, and therefore should be suppressed. As a result, the case was dismissed.
These are just a few examples of how having a criminal defense lawyer from the Tulsa Criminal Defense Law Firm, who is knowledgeable about Oklahoma’s Statute of Limitations law can be extremely beneficial for those accused of a crime. A skilled Tulsa defense attorney can use this law to argue for dismissal of charges, reduction of charges, or suppression of evidence, ultimately leading to a better outcome for their client.
Working with an experienced criminal defense lawyer from the Tulsa Criminal Defense Law Firm can help you understand how the statute of limitations can be applied to your case. We can work with you to build a strong defense and fight for your rights under the law.
Call Today for a Free Consultation
If you or a loved one has been accused of a crime in Oklahoma, it’s important to understand the legal tools available to you. The statute of limitations is one such tool that can be used to your advantage. At the Tulsa Criminal Defense Law Firm, our experienced criminal defense lawyers are here to help you navigate the legal system and build a strong defense.
Call the Tulsa Criminal Defense Law Firm today at 918-256-3400 to schedule a free consultation and learn more about how we can help you with your criminal defense case.