How Long Does a Prosecutor Have to File Charges in Washington?

If you’ve been accused of a crime—or fear you might be—you may wonder how long the state has to formally charge you. In Washington, that answer depends on the type of offense. This time limit is called the statute of limitations, and it plays a crucial role in protecting people from being prosecuted long after evidence has faded and memories have grown unreliable.

Washington’s criminal statute of limitations is set out in RCW 9A.04.080. While some crimes can be charged at any time, most have a fixed deadline after which the state can no longer legally file charges. Let’s break it down.

What Is a Statute of Limitations?

A statute of limitations is the legal time frame within which a prosecutor must file formal criminal charges after an alleged offense has occurred. If the government fails to bring charges within that window, the case is generally barred—regardless of guilt or innocence.

The clock usually starts ticking when the crime is committed, but there are exceptions. In some cases, the clock may be paused (or “tolled”) if the suspect leaves the state, if the victim was a minor, or if the crime wasn’t discovered right away.

No Time Limit for the Most Serious Crimes

Some crimes in Washington can be prosecuted at any time, regardless of how long ago they occurred. These include:

  • Murder
  • Homicide by abuse
  • Vehicular homicide
  • Arson resulting in death
  • Certain sex offenses against minors, such as first-degree rape or child molestation if DNA evidence is available or a report was made before the victim turned 18

For these charges, there is no statute of limitations.

Common Time Limits Under Washington Law

Here are the general statutes of limitations for many common criminal charges under RCW 9A.04.080:

  • Felony sex offenses: 10 years (with exceptions for minors or if DNA evidence is found later)
  • Other felonies: 3 to 6 years depending on the offense
    • Theft, assault, burglary, drug charges: usually 3 years
    • Felony hit and run involving injury or death: 3 years
  • Gross misdemeanors (e.g., DUI, 4th degree assault): 2 years
  • Simple misdemeanors (e.g., trespassing, disorderly conduct): 1 year

When Does the Clock Start?

Typically, the statute of limitations starts on the date the crime was committed. But Washington law provides for tolling in some situations:

  • If the defendant is out of state, the clock pauses until they return
  • For certain crimes involving minors, the clock may not start until the victim turns 18 or reports the offense
  • If the crime was concealed, or discovered later, prosecutors may argue that the clock begins on the date of discovery

These tolling provisions are important in cases involving white-collar crimes, fraud, or abuse that occurred years earlier.

Can You Challenge Late Charges?

Yes. If the statute of limitations has run out and the state files charges anyway, your attorney can file a motion to dismiss the case. This is a powerful procedural defense that can end the case before it even goes to trial.

Keep in mind that just because time has passed doesn’t mean prosecutors will automatically drop the case. You must raise the statute of limitations as a defense—it is not applied automatically by the court.

What If a Warrant Was Issued?

Sometimes, a complaint is filed within the time limit but a warrant isn’t served for years. In those cases, courts often look at whether the delay was justified and whether the defendant was aware of the charges. A long delay in executing a warrant may raise due process concerns, especially if it prejudiced the defendant’s ability to mount a defense.

Why This Matters

Understanding the statute of limitations can make the difference between a criminal charge proceeding—or being thrown out entirely. Whether you’re under investigation, facing delayed charges, or have unresolved legal questions, knowing how these rules apply is crucial to protecting your rights.

How We Can Help

At the Law Office of Erin Bradley McAleer, we analyze charging timelines closely to identify potential statute of limitations issues. We file dismissal motions where the law allows and help our clients push back against stale or improperly timed prosecutions.

If you’re concerned about charges from the past—or you’ve been recently arrested for an old allegation—contact our office today. We’ll review the timeline, explain your options, and fight to protect your freedom.