If you’ve been accused of a serious crime in Denver, you might wonder how long authorities must file charges against you. While many criminal offenses have specific statutes of limitations—time limits within which prosecution must begin—certain crimes in Colorado have no statute of limitations. Understanding these exceptions is crucial because they mean that charges can be filed against you at any time, even decades after an alleged incident.
At Baker Law Group, we often represent individuals in complex criminal cases throughout Denver and surrounding communities. In this blog, we’ll explain exactly what crimes in Colorado carry no statute of limitations, why these rules exist, and how they may affect your defense.
What is a Statute of Limitations?
First, let’s clearly define a statute of limitations. It’s essentially a legal deadline that sets the maximum amount of time prosecutors have to file criminal charges against someone after the commission of a crime. These time limits vary depending on the severity and type of crime.
The idea behind a statute of limitations is straightforward: to encourage the timely prosecution of crimes, preserve evidence, protect individuals from indefinite prosecution threats, and promote fairness within the judicial process. However, Colorado law recognizes certain severe crimes as so serious that they warrant prosecution at any time, regardless of how many years have passed since the alleged crime occurred.
Crimes with No Statute of Limitations in Colorado
Under Colorado law, certain criminal offenses have no statute of limitations, meaning they can be prosecuted indefinitely. Here’s a detailed look at these offenses:
1. Murder and Homicide
In Colorado, murder—both first-degree and second-degree—has no statute of limitations. This includes all forms of homicide, including premeditated murder, felony murder, and manslaughter. Prosecutors can file murder charges at any point, even decades after the alleged killing occurred. The reason behind this lack of limitation is the seriousness of the crime and the societal interest in ensuring justice for victims and their families.
2. Kidnapping
Kidnapping, especially in the first degree involving serious bodily injury or death, is another crime Colorado law categorizes as having no statute of limitations. Given the severity and potential lifelong trauma to victims, the state allows prosecution at any time. Authorities in Denver or elsewhere in Colorado retain the right to pursue charges regardless of how much time has passed since the crime occurred.
3. Treason
Treason against the state or government is a rare but extremely serious charge with no statute of limitations in Colorado. Because of the significant threat to state and national security, prosecution for treason may begin at any point, reflecting the gravity of crimes against the state itself.
4. Sex Crimes Against Children
Sexual offenses committed against minors, particularly sexual assault or sexual abuse of children, also carry no statute of limitations in Colorado. This recognition acknowledges the unique nature of such offenses, the vulnerability of victims, and the complexity involved in reporting these crimes, often many years after the occurrence.
Specifically, crimes include:
- Sexual assault on a child.
- Sexual assault on a child by one in a position of trust.
- Aggravated incest.
- Human trafficking of minors for sexual servitude.
All these offenses can be prosecuted indefinitely.
5. Attempt, Conspiracy, or Solicitation to Commit Murder
In addition to murder itself, Colorado law also includes attempted murder, conspiracy to commit murder, and solicitation to commit murder among crimes that have no statute of limitations. Lawmakers view the planning, solicitation, and attempted execution of murder as serious threats to public safety, justifying prosecution at any point after discovery or accusation.
Why Do Certain Crimes Have No Limitations?
The justification behind having no statute of limitations for specific crimes centers around their seriousness and societal impact. For particularly severe offenses, such as murder or sex crimes against children, Colorado prioritizes justice above procedural convenience.
Furthermore, technological advancements, such as DNA testing and forensic science, increasingly allow for evidence preservation and collection many years after the crime occurred. By removing time limits for these serious crimes, the law ensures prosecutors in Denver and throughout Colorado can hold individuals accountable, regardless of how long ago the crime took place.
How Does the Absence of Limitations Affect Your Case?
The absence of a statute of limitations significantly impacts anyone accused of these serious crimes. Even if decades have passed, law enforcement can investigate, gather evidence, and prosecutors can pursue charges aggressively. If you find yourself accused of such an offense, seeking immediate legal representation is imperative, even if the alleged crime occurred many years ago.
Defense in such cases can be uniquely challenging. Witnesses’ memories might fade, or evidence could become harder to gather or refute. Having a skilled criminal defense attorney by your side is crucial. An experienced attorney can carefully analyze the prosecution’s evidence, challenge witness credibility, and ensure your constitutional rights are vigorously protected.
Defense Strategies in Cases Without Limitations
Defending against criminal charges with no statute of limitations in Colorado often involves complex legal strategies tailored to the specifics of your case. Some potential strategies include:
- Questioning Witness Credibility: Memories fade over time. Your attorney can effectively cross-examine witnesses to reveal inconsistencies, inaccuracies, or bias.
- Challenging Evidence Reliability: Physical evidence may deteriorate, become contaminated, or be mishandled over the years. Your defense attorney will meticulously scrutinize any evidence presented.
- Asserting Constitutional Rights Violations: Law enforcement sometimes violates constitutional rights during investigation or arrest, and a thorough attorney will leverage any such violations in your defense.
Contact a Denver Criminal Lawyer
If you or a loved one is facing criminal charges for offenses with no statute of limitations in Denver, the situation requires immediate legal attention. At Baker Law Group, we understand the intricacies involved in severe criminal defense cases. Our attorneys have extensive experience successfully representing clients accused of murder, kidnapping, sex offenses against minors, and other complex charges.
