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What crimes have no statute of limitations in Virginia?

Published in Virginia Criminal Law 2 mins read

In Virginia, certain serious crimes have no statute of limitations, meaning there is no time limit for prosecution, allowing legal action to be taken at any point after the crime has been committed. This ensures that justice can be pursued for the most severe offenses, regardless of how much time has passed.

Virginia Crimes Without a Statute of Limitations

The concept of a statute of limitations sets a maximum time after an event within which legal proceedings may be initiated. For most crimes, there is a specific time frame, but for the most egregious offenses, the Commonwealth of Virginia removes this limitation to uphold public safety and ensure accountability.

The crimes for which there is no statute of limitations in Virginia include:

  • Aggravated Assault and Battery: Serious forms of physical harm inflicted with malicious intent.
  • Rape: Sexual assault committed without consent.
  • Murder: The unlawful killing of another human being with malice aforethought.
  • Burglary: The unlawful entry into a building or dwelling with the intent to commit a felony or theft.
  • Kidnapping: The unlawful abduction and holding of a person, often by force or fraud.
  • Manslaughter: The unlawful killing of another person without malice aforethought, typically categorized as voluntary (in the heat of passion) or involuntary (due to criminal negligence).
  • Robbery: The taking of property from another person by force or threat of force.

These offenses are considered so severe that the state prioritizes the prosecution of perpetrators over any time constraints, allowing law enforcement and prosecutors to pursue cases indefinitely. This perpetual window for prosecution serves as a deterrent and a commitment to justice for victims and society.