Can I Be Prosecuted for Something I Did Years Ago?

 Posted on October 22, 2024 in Criminal Defense

Perhaps you committed a criminal offense many years ago, or even think there is a possibility that you may have committed a criminal offense. You may have been just a young adult at the time. If you were never charged with the offense and you never consulted a criminal defense lawyer, you may now be worried, wondering whether the law could catch up with you now that you have much more to lose.

You may now have a good job and a family, both of which would be adversely affected if the offense you committed years ago should come back to haunt you. The laws in the state that govern prosecution deadlines are called statutes of limitations. These statutes vary widely from one state to the next, as well as between criminal offenses and civil actions.

Statutes of limitations detail how long the state of Wisconsin has to prosecute an individual for a criminal offense. If you are worried about being prosecuted for a criminal offense you committed years ago, speak to a knowledgeable Menomonee Falls, WI criminal defense lawyer from Bucher, Wolff & Sonderhouse, LLP. See below for general and more specific statute of limitations guidelines.

What Are the Criminal Statutes of Limitations in the State of Wisconsin?

Generally speaking, a misdemeanor offense in the state has a statute of limitation period that is three years from the date you allegedly committed the offense. The statute of limitations for felony offenses differs between criminal offenses and varies significantly, particularly when a child is involved in the offense.   

• Burglary: Six years

• Battery: Three years if the battery is charged as a misdemeanor and six years if it is charged as a felony 

• Sexual Assault: Six years

• Second- and Third-Degree Sexual Assault: 10 years, although if a potential perpetrator is identified through DNA evidence, another year can be added to the 10 years.  

• First-Degree Sexual Assault: No limit

• Arson: Six years

• Robbery: Six years

• Receiving Stolen Property: Three years if the receiving stolen property is charged as a misdemeanor, and six years if it is charged as a felony

• Theft: Three years if the theft is charged as a misdemeanor, and six if it is charged as a felony

• First and Second-Degree Intentional Homicide: No limit

• First-Degree Reckless Homicide: No limit

• Second-Degree Reckless Homicide: 15 years, although if a potential perpetrator is identified through DNA evidence, another year can be added to the 15 years   

What Are Tolling Provisions?

In some instances, time periods are not included in the statute of limitations; these are known as tolling provisions. The tolling provisions in the state of Wisconsin include:

• A time period when the offender was not a resident of the state of Wisconsin or when prosecution against the offender for the same act was pending.

• Time periods where an alleged victim of sexual exploitation by a therapist is unable to file a complaint as a result of threats, instructions, or statements from the therapist.  

What Are the Special Time Provisions When the Victim is a Child?

There are special provisions for crimes that involve children:

• Crimes against children, including Second-Degree Sexual Assault, Incest, and Sexual Exploitation, have a statute of limitations that extends until the victim reaches the age of 45. If DNA identifies a likely offender, this time limit can be extended for an extra year.

• Attempted or committed First-Degree Sexual Assault or repeated sexual assault of the same child have no statute of limitations.

• Providing Illegal Drugs to a Child and Reckless Physical Abuse of a Child has a statute of limitations that extends until the victim turns 26. If DNA evidence identifies a likely offender, this time period can be extended for an extra year.  

Contact a Milwaukee County, WI Criminal Defense Attorney

If you are unsure whether the time limit for prosecution has expired on your specific offense, speak to a knowledgeable Milwaukee, WI criminal defense lawyer from Bucher, Wolff & Sonderhouse, LLP. We take your liberty and future seriously and are seasoned attorneys with exemplary reputations. We are available seven days a week, 24 hours a day, for your convenience. Call 262-232-6699 today to schedule your free consultation to discuss your specific issue.