What Crimes Have No Statute of Limitations in Colorado?

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What Crimes Have No Statute of Limitations in Colorado?

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Posted By William McAdams | April 17 2025 | Criminal Defense

Knowing how the statute of limitations works could shape your entire case if you’re facing criminal charges. This legal time limit decides how long prosecutors have to file charges. But in Colorado, not all crimes come with a deadline. Some offenses are considered so severe that they can be prosecuted anytime.

Below, we’ll explain what crimes have no statute of limitations in Colorado, why those laws exist, and what that could mean for your legal situation, especially if you’re in or around Greeley.

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Understanding the Statute of Limitations in Colorado

A statute of limitations establishes the deadline for filing criminal charges, ensuring cases are addressed promptly before evidence deteriorates or memories fade. 

The time limits depend on the nature of the offense and the jurisdiction. In Colorado, most misdemeanors carry a statute of limitations between 12 and 18 months, while felonies typically range from three to ten years. 

However, certain crimes in Colorado are considered so severe that they have no statute of limitations, allowing prosecution to occur decades or even a lifetime later.

Crimes in Colorado With No Statute of Limitations 

Colorado law allows certain charges to be filed no matter how much time has passed. These include:

  • Murder (first and second-degree): Prosecutors can file these charges decades later.
  • Kidnapping: Especially when there’s harm involved, time limits don’t apply.
  • Treason: Extremely rare but always prosecutable.
  • Sexual Offenses Against Children: Including child sexual assault and human trafficking for sexual servitude, under C.R.S. §13-80-103.7.

These exceptions are grounded in the profound and lasting consequences of these crimes, not just for the victims but also for communities.

Why Certain Crimes Have No Time Limits for Prosecution 

The decision to exempt certain crimes from statutes of limitations stems from their profound severity and societal impact. Key considerations include: 

  • Gravity of the Crime: Crimes like murder or child sexual assault leave lasting scars that go far beyond the immediate victim. Their profound consequences and the lifelong trauma they inflict demand that justice remains an ever-present possibility. 
  • Advances in Evidence Gathering: Breakthroughs in forensic science, such as DNA analysis, now allow critical evidence to surface even decades after a crime, ensuring that time does not shield offenders from accountability. 

By removing time restrictions on prosecuting these offenses, the legal system underscores a vital principle: justice for such heinous acts will not be constrained by the passage of time.

Can the Statute of Limitations Be Extended or “Tolled” in Colorado? 

In some instances, crimes with a statute of limitations can still be prosecuted even after the deadline. This is due to a legal principle called tolling, which pauses or extends the statute of limitations under specific circumstances. Typical scenarios where tolling applies include: 

  • The suspect fleeing the state: If a suspect leaves Colorado to evade charges, the clock on the statute of limitations stops until they are located or return to the state. 
  • The discovery of new evidence: Breakthroughs such as DNA matches or other concrete proof can link an individual to the crime, potentially reopening the case. 

These exceptions ensure justice can prevail, even when significant time has elapsed. If tolling may be relevant to your situation, consulting an experienced defense attorney is essential to understand its impact and explore your legal options.

Key Differences Between State and Federal Statutes of Limitations 

Understanding whether your case falls under state or federal jurisdiction is crucial, as each rule and procedure can vary significantly.

  • Federal crimes involve violations of U.S. federal laws or offenses that cross state lines, such as terrorism, large-scale fraud, or drug trafficking. These cases tend to be more complex and often carry stricter penalties. Many federal crimes also have no statute of limitations, meaning charges can be filed at any time, even years after the offense.
  • On the other hand, state crimes pertain to state law violations, such as theft, assault, or drug possession within a single state. Each state has its own set of laws, penalties, and statutes of limitations, which can vary widely depending on the offense.

Seek Legal Advice in Greeley for Better Clarity 

Legal questions don’t come with easy answers, especially when dealing with serious accusations or uncertain timelines. If you need help understanding what crimes have no statute of limitations or want to know where your case stands, we’re here to help.

Contact McAdams Law Office in Greeley to talk with a local defense attorney who understands the stakes. Call (970) 353-0000 for a free consultation. Don’t wait to get answers.

DUI/DWAI Victories Criminal Defense Wins

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Two DUIs downgraded to DWAI,
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Theft charge dropped,
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No jail, favorable plea despite
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One DWAI dismissed, another reduced with minimal work release.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.