In Missouri, the State generally has three years to file most felony charges and one year to file a misdemeanor. Murder, class A felonies, and sexual offenses involving minors have no time limit at all.
This guide explains the statute of limitations for criminal charges under RSMo 556.036, when the clock starts and stops, the exceptions that extend it, and what it means for someone who expects charges that have not yet been filed.
The deadlines
What is the statute of limitations for crimes in Missouri?
Under RSMo 556.036, the deadline depends on the type of offense.
No time limit
Murder, first degree rape and sodomy, forcible rape and sodomy and attempts, and any class A felony may be prosecuted at any time. So may unlawful sexual offenses involving a person 18 or under, under RSMo 556.037.
Felonies: three years
Most felonies, class B through E, must be charged within three years. Certain arson and related offenses have five years.
Misdemeanors: one year
Misdemeanors must be charged within one year, including most misdemeanor assault and first-offense DWI.
Infractions: six months
Infractions must be charged within six months.
The clock
When does the statute of limitations start and stop in Missouri?
It starts the day after the offense, and it stops when the case is filed.
- Start. An offense is committed when every element occurs. For a continuing course of conduct, it is committed when the conduct ends. Time starts to run the day after.
- Filing. A felony prosecution is “commenced” when the complaint or indictment is filed, not when the person is arrested or the case reaches circuit court. A misdemeanor is commenced when the information is filed.
- Pauses. The clock does not run while the accused is absent from Missouri (for no more than three extra years), while the accused is concealing themselves from justice, while a prosecution for the same offense is pending, or while the accused is found unfit to proceed.
- DNA. The clock also pauses from the time a DNA profile from the evidence appears in a lab report until the person is identified by name through a DNA match.
Exceptions
Can charges be filed after the statute of limitations in Missouri?
In a few situations, the deadline is extended.
Fraud and breach of trust
For offenses involving fraud or a breach of fiduciary duty, the State may file within one year after an aggrieved party discovers the offense, but the extension cannot exceed three years.
Public officials
Misconduct in office by a public officer or employee can be charged while the person is still in office or within two years after, again with a three-year cap on the extension.
A charge filed too late can be dismissed. But the question is not always simple: when the offense was “committed,” whether a tolling rule applies, and whether the offense charged is really a class A felony can all be disputed.
Waiting
What if I think charges are coming but nothing has been filed?
The time before charges is often when a lawyer can do the most.
Many people learn about an investigation before any charge is filed: a detective calls, a search warrant is executed, or someone is arrested and released “pending charges.” Missouri law generally requires release within 24 hours of a warrantless arrest if no charge is filed, but the State can still file later, any time before the limitations period runs.
During that window, do not talk to investigators about the facts, do not contact the people involved, and do not post about it. A lawyer can communicate with law enforcement for you, preserve evidence that helps you, and in some cases influence what charge, if any, is filed.
Federal charges have different rules. The general federal limitations period is five years. See federal target letters and grand jury subpoenas.
FAQ
Missouri statute of limitations questions
What is the statute of limitations on a felony in Missouri?
Three years for most felonies under RSMo 556.036. Class A felonies, murder, and certain sex offenses have no limit, and some arson-related offenses have five years.
What is the statute of limitations on a misdemeanor in Missouri?
One year from the day after the offense, unless a tolling rule applies.
What is the statute of limitations for assault in Missouri?
It depends on the degree. First degree assault with serious physical injury is a class A felony with no limit. Other felony assaults have three years, and fourth degree assault, a misdemeanor, has one year.
What is the statute of limitations for drug possession in Missouri?
Possession of a controlled substance is a class D felony, so the limit is generally three years. Misdemeanor marijuana offenses have one year.
Does leaving Missouri stop the statute of limitations?
Yes, the clock pauses while the accused is absent from the state, but that pause cannot extend the period by more than three years. Concealing oneself from justice also stops the clock.
See our criminal defense page, or call 573-638-8529. How the classes work: Missouri felony classes and sentencing.
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Before charges is not too early.
If you are under investigation or expect charges in Missouri, call to talk through where things stand.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about Missouri criminal time limits as of October 2026, not legal advice, and it does not create an attorney-client relationship. Whether a deadline applies depends on the facts of each case.
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