Crimes with No Statute of Limitations in Wisconsin

In Wisconsin, certain serious crimes have no statute of limitations, meaning that a criminal charge can be filed at any time after the crime is committed. These crimes include:

• First-Degree Intentional Homicide
• First-Degree Reckless Homicide
• Second-Degree Intentional Homicide
• Second-Degree Reckless Homicide
• Felony Murder
• Sexual Assault of a Child (under certain conditions)

These crimes are considered so severe that the state does not impose a time limit on when charges can be brought against the alleged perpetrator.

Statute of Limitations for Assault in Wisconsin

In Wisconsin, the statute of limitations for assault varies depending on whether the assault is classified as a misdemeanor or a felony:

• Misdemeanor Assault: The statute of limitations is 3 years. This means that charges for a misdemeanor assault must be filed within three years from the date the crime was committed.
• Felony Assault: The statute of limitations is typically 6 years. For more serious assaults classified as felonies, the prosecution must initiate legal action within six years of the incident.

These time limits are set to ensure that cases are brought to trial within a reasonable period while allowing sufficient time for investigation and legal proceedings. If charges are not filed within these time frames, the opportunity to prosecute the assault may be lost, barring any exceptions that might extend the statute of limitations under specific circumstances (e.g., if the accused is out of state).

What Is the Longest Statute of Limitations in Wisconsin?

In Wisconsin, the longest statute of limitations is typically 10 years. This applies to certain civil cases, including:

• Fraud: Cases involving allegations of fraud have a statute of limitations of 10 years.
• Breach of Fiduciary Duty: If someone is accused of violating a fiduciary duty, the case must be filed within 10 years.
• Real Estate Contracts: Legal actions involving real estate contracts also have a 10-year statute of limitations.

These longer time frames reflect the complexity and seriousness of these types of cases, allowing more time for the discovery of relevant facts and the initiation of legal proceedings.

It’s important to note that while 10 years is the longest standard statute of limitations in civil matters, some criminal offenses in Wisconsin, such as certain types of homicide and sexual assault of a child, have no statute of limitations and can be prosecuted at any time, regardless of how much time has passed.

FAQ: Statutes of Limitations in Wisconsin

1. What crimes have no statute of limitations in Wisconsin?

Certain serious crimes, such as first-degree and second-degree intentional homicide, reckless homicide, felony murder, and certain types of sexual assault of a child, have no statute of limitations in Wisconsin. This means charges can be filed at any time after the crime is committed.

2. What is the statute of limitations for assault in Wisconsin?

The statute of limitations for misdemeanor assault in Wisconsin is 3 years, while for felony assault, it is typically 6 years.

3. Can any crimes be prosecuted after many years in Wisconsin?

Yes, crimes like homicide and certain sexual assaults of a child can be prosecuted regardless of how much time has passed since the crime was committed because they have no statute of limitations.

4. What is the longest statute of limitations in Wisconsin?

The longest statute of limitations in Wisconsin is 10 years for civil cases involving fraud, breach of fiduciary duty, or real estate contracts. However, some crimes, such as homicide, have no statute of limitations at all.

5. Why do some crimes have no statute of limitations?

Some crimes, particularly those involving serious harm or loss of life, are considered so severe that they do not have a statute of limitations. This allows the state to pursue justice regardless of how much time has passed.

Summary of Statutes of Limitations in Wisconsin