Murder is arguably one of the most severe charges not just in Pennsylvania but anywhere in the country. Alleged murders tend to result in serious community backlash, lengthy investigations, and harsh penalties. While prosecutors must file most other charges within a specific period of time, murder charges are different.

When it comes to murder charges, there is no statute of limitations for criminal prosecution in Pennsylvania. Prosecutors may file murder charges at any time, even decades after the murder is alleged to have occurred. Related charges might be more restricted. For example, charges for attempted murder must be filed within 5 years. If prosecutors try to file charges outside the statute of limitations, you should contact a lawyer immediately.

Our Philadelphia homicide and murder defense lawyers can offer a free initial case review when you call the Liberty Law Team at (215) 826-3314.

How Much Time Prosecutors Have to Press Murder Charges

While statutes of limitations restrict most other criminal offenses, murder is different. According to 42 Pa.C.S. § 5551(1), there is no limitation for murder charges, and prosecutors may file them at any time. Even if a murder happened decades ago, charges may still be filed today.

Although murder cases tend to be investigated quickly, and most defendants are charged sooner rather than later, there have been cases of very old murders resulting in charges and prosecution, sometimes years after the alleged crime.

Old cases often result in criminal charges after many years because of advancements in forensic technology. Cases that went cold years ago may be revived through techniques such as DNA evidence.

Often, people who are charged are long-time suspects, and they may have been under investigation for a very long time. If this sounds like you, call a lawyer for help as soon as possible.

The Statute of Limitations for Attempted Murder

While there is no statute of limitations for murder, attempted murder is treated differently, and prosecutors must file these charges within a specific amount of time.

According to 42 Pa.C.S. § 55202(b)(1), the statute of limitations for attempted murder charges is 5 years. As with most statutes, this time limit starts when the attempted murder actually occurs, not when the police discover it. Remember, this only applies to cases of attempted murder that did not result in an actual murder.

This 5-year limitation period also applies to charges for conspiracy to commit murder where no murder occurs. If a murder does in fact occur, there is no statute of limitations to prosecute. Conspiracy may not involve an actual attempt to murder someone, but a plan among more than one person and significant steps taken to fulfill the plan are required for charges.

While 5 years is a long time, attempted murder cases can be complex, and the authorities might need a long time just to investigate properly. As such, your case could drag on for a long time, and you should hire a lawyer as soon as possible.

What to Do if Prosecutors File Charges Outside the Statute of Limitations

If charges should be time-barred, our Pennsylvania homicide and murder defense lawyers can raise the issue of the statute of limitations at the earliest possible court hearing. If the prosecutors made a mistake when calculating the limitation period for criminal prosecution, the charges may be dropped by prosecutors or dismissed by the court very quickly.

The limitation period may be extended if prosecutors can toll the statute of limitations. Under 42 Pa.C.S. § 5554, tolling may be possible under several specific circumstances.

Prosecutors may buy more time if the defendant is absent from the state for a continuous period and has no place of work or residency within the state. The time spent outside the state may not be counted toward the limitation period.

The statute may also be tolled if another prosecution against the defendant is currently pending.

Finally, tolling is available if the alleged victim is under 18, and the crime involves physical injuries to the child caused by a parent, person responsible for the child’s welfare, any individual living with the child, or a paramour of the child’s parent.

What to Do if You Are Charged with Murder From Many Years Ago?

If you suddenly find yourself facing murder charges for something that happened a long time ago, you should hire a lawyer immediately. They can help you begin developing defense strategies right away.

Since murder has no statute of limitations, there is no way to challenge the charges based on time. However, the more time that has passed since the alleged crime, the harder it may be for prosecutors to gather strong evidence.

If you are charged, you will likely have a bail hearing and need to post bail to be released. If the charges are for a capital offense or the authorities believe you are a flight risk, you could be denied bail. Your attorney can help you by arguing in favor of bail.

Possible Defenses to Murder Charges in Pennsylvania

While fighting murder charges can be extremely difficult, it is not impossible.

One common strategy in various criminal cases is to challenge the sufficiency of the evidence. Charges based on something from a long time ago might be weak. Witnesses might not have clear memories of what happened, and other evidence might be lost to time. If there is insufficient evidence for prosecutors to meet their high burden of proof, we can file a motion to have the case dismissed.

If DNA testing is involved in a case for very old murder charges, the DNA might have degraded to the point that the results should not be trusted. If samples were taken from a time when DNA testing was less sophisticated, the samples might be contaminated.

Discuss Your Case with Our Pennsylvania Homicide and Murder Defense Lawyers Today

Our Pennsylvania homicide and murder defense lawyers can offer a free initial case review when you call the Liberty Law Team at (215) 826-3314.