No Time Limit On Charging Crimes When One Flees To Avoid Prosecution

Medina County criminal defense attorney: Fleeing jurisdiction
There is no time limit on charging crimes when one flees to avoid prosecution. In State v. Bess, the Ohio Supreme Court ruled that Ohio law tolls or stops the running of the statutes of limitations when the offender purposefully avoids prosecution. This applies to crimes that had not yet been charged or even discovered, as long as the offender purposefully avoids prosecution. In this case, Bess learned in 1989 that he was being investigated for raping a young girl. He fled to Georgia and assumed a false identity in order to avoid prosecution. He was indicted later that same year. He remained in Georgia until he was arrested in 2007 and returned to Ohio. During trial preparation, the prosecutor interviewed the girl’s brother and learned for the first time that he too was raped by Bess. A second indictment charged Bess with that rape. Bess was convicted. While there was no question that the State of Ohio could try Bess for rape of the girl, the real question was whether he could be charged and convicted of a crime eighteen years after he purposefully fled to avoid prosecution. The Ohio Supreme Court said that he could be charged and convicted in this manner because he purposefully fled the jurisdiction to avoid prosecution.

Daniel Gigiano Knows The Time Limits For Crimes

  What are the statutes of limitations for crimes?   The statutes of limitations are as follows:
  • Six years for a felony;
  • Two years for a misdemeanor other than a minor misdemeanor;
  • Six months for a minor misdemeanor;
  • No limit for murder and aggravated murder;
  • Twenty years for voluntary manslaughter, involuntary manslaughter, kidnapping, human trafficking, rape, sexual battery, unlawful sexual contact with a minor, gross sexual imposition, compelling prostitution, aggravated arson, soliciting or providing support for act of terrorism, making terroristic threat, terrorism, criminal possession or use or illegal assembly of chemical, biological, radiological or nuclear weapon or explosive device, money laundering in support of terrorism, aggravated robbery, robbery, aggravated burglary, burglary, aggravated riot, felonious assault of a police officer, aggravated assault of a police officer, assault that is a felony.

Daniel Gigiano's Employment Certificate Article And More

  To learn more, read my other related posts, where I wrote about extradition, the differences between felonies and misdemeanors, adult sentences in juvenile cases, factors affecting an agreed sentence, reduction in maximum prison terms for some offenses, ways to avoid going to jail, jail time credit, certificate of qualification for employment, changes to Ohio DUI laws, felony theft, Ohio shoplifting laws, and expunging convictions. I have successfully defended individuals for both misdemeanor and felony offenses, as set forth in the case highlights section.

Employ Daniel Gigiano As Your Criminal Law Lawyer

  Attorney Gigiano is a Medina County criminal law lawyer in Wadsworth. To learn more about the work Attorney Gigiano has done for his clients, take a look at the reviews of Daniel Gigiano, reviews found in a number of websites, and articles and links to his work. If you have questions about this or other questions you need answered by a Wooster criminal law lawyer near Rittman, or a Stark County criminal law lawyer near Massillon, please call Attorney Daniel F. Gigiano at 330-336-3330.