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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16258
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Is there a statute of limitations for attempted murder in

Resolved Question:

Is there a statute of limitations for attempted murder in NY/NJ
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.
Hello Jacustomer,

My name is XXXXX XXXXX I am a New York criminal lawyer.

Yes, there is a statute of limitations on a New York attempted murder. The statute would run out after 5 years. Coincidentally, the statute of limitations in New Jersey for this type of felony charge is also 5 years.

The time would start running from the commission of the criminal act.

If you need clarification, use the reply tab below to respond.
Customer: replied 11 months ago.

What is the Federal guideline for the same thing?

Expert:  Zoey_ JD replied 11 months ago.
Hi Kathy,

For almost all felony offenses, this one included, the Federal Statute of limitations is 5 years.
Customer: replied 11 months ago.

Even when it's a HATE Crime?

Expert:  Zoey_ JD replied 11 months ago.
It would not make a difference in New York or New Jersey.

If the hate crime were an act of terrorism, then there would be no Federal statute of limitations at all. It could be prosecuted any time.
Customer: replied 11 months ago.

What is the Federal guideline when it is a disability versus terrorism.


 


Do they also have no statute of limitations?

Expert:  Zoey_ JD replied 11 months ago.
I am not sure that I understand your question.

If it's charged as an act of terrorism, then it has no statute of limitations and can be prosecuted at any time. Period.

If the defense believes it is other than an act of terrorism, they would argue that issue in court up front, as it would affect the jurisdiction of the court. After they moved to dismiss based on the statute of limitations, the judge would likely want a memo of law from both sides and/or a hearing on the issue.

Customer: replied 11 months ago.

So if that happens for a disability hate crime which is an attempted murder case, then the judge can decide to take the case even if it's after five years. So the judge could push it through?

Expert:  Zoey_ JD replied 11 months ago.
Hi,

Yes. If the attempted murder is an act of terrorism than the Feds can prosecute it at any time.

If the defendant said it was not an act of terrorism and that the statute of limitations has run, the judge could agree with the defense or it could agree with the prosecutor. It would all depend upon the particular facts and circumstances of a case.

If the judge agreed with the prosecutor the case would go forward, and whether or not this case should have been dismissed on Statute of limitations grounds would be a matter to be taken up on appeal if the defendant were convicted.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16258
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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