There is no single statute of limitations on attempted murder in the United States. Some states allow prosecution at any time, others set a finite window ranging from about five to 30 years, and federal prosecutors generally have five years unless a terrorism exception or a fugitive rule extends the deadline. Which set of rules applies to a specific case depends on where the offense occurred and which government is bringing the charge.
State Deadlines for Attempted Murder
State law governs the vast majority of attempted murder prosecutions, and the variation is dramatic. States fall into three broad camps.
Some states impose no time limit at all. A few eliminate deadlines for all felonies, which automatically covers attempted murder. Others name attempted murder alongside murder as an offense chargeable at any time.1Justia. Criminal Statutes of Limitations 50-State Survey
A second group assigns a long but finite deadline. Windows of 10, 15, 20, and even 30 years appear in different states, and this is where most jurisdictions land.
A third group folds attempted murder into the general limitations period for serious felonies, which can run as short as five or six years. These states tend to reserve unlimited prosecution exclusively for completed murder.
How Felony Classification Changes the Answer
Many states tie the statute of limitations to how the offense is graded rather than naming crimes individually. A state might eliminate time limits for its top felony class, allow 15 years for the class below, and six years for everything else. Where attempted murder sits in that hierarchy decides how long prosecutors have.1Justia. Criminal Statutes of Limitations 50-State Survey
When attempted murder is classified at the highest felony level, it often inherits the unlimited prosecution window that applies to murder. When it lands a tier or two below the top, a finite deadline kicks in. The same conduct can be chargeable forever in one state and time-barred after a handful of years in another.
The Federal Deadline
Federal attempted murder charges arise in narrower circumstances than state charges. The most common scenario involves an attack on a federal officer or employee performing official duties, covered by a specific federal statute.2Office of the Law Revision Counsel. 18 USC Ch 51 Homicide
Because federal attempted murder is not a capital offense,3Office of the Law Revision Counsel. 18 US Code 1113 – Attempt to Commit Murder or Manslaughter it falls under the general five-year statute of limitations for noncapital federal crimes. Prosecutors must secure an indictment within five years of the offense.4Office of the Law Revision Counsel. 18 USC 3282 Offenses Not Capital That is a surprisingly short window for such a serious charge, particularly compared to states where the same conduct might be prosecuted decades later.
Terrorism Extensions
When an attempted murder is connected to terrorism, the federal clock shifts. A separate statute extends the limitations period to eight years for noncapital terrorism offenses. If the terrorism offense resulted in death or created a foreseeable risk of death or serious bodily injury, the statute of limitations is eliminated entirely.5Office of the Law Revision Counsel. 18 USC 3286 Extension of Statute of Limitation for Certain Terrorism Offenses An attempted murder that qualifies as a terrorism offense and risks serious injury would almost certainly fall into that unlimited category.
Any federal crime punishable by death also has no statute of limitations.6Office of the Law Revision Counsel. 18 US Code 3281 – Capital Offenses Standard federal attempted murder is not a capital offense, but certain terrorism-related attempts fall under statutes that carry the death penalty, which removes any time restriction.
Military Charges Under the UCMJ
Service members face a different framework. Murder has no statute of limitations under military law, but the general limitations period for other offenses is five years from when sworn charges are received by the appropriate commanding officer.7Office of the Law Revision Counsel. 10 US Code 843 – Art 43 Statute of Limitations Attempted murder, absent a specific exception, sits inside that five-year window.
Military tolling adds circumstances unique to service. Time spent absent without authorization, fleeing from justice, outside U.S. jurisdiction, in civilian custody, or as a prisoner of war does not count toward the deadline.7Office of the Law Revision Counsel. 10 US Code 843 – Art 43 Statute of Limitations
What Pauses the Clock
Even where a deadline applies, it does not always tick down continuously. Several events can pause it, effectively giving prosecutors more time than the raw number of years suggests.
Fleeing From Justice
The most common pause happens when a suspect flees. Federal law is blunt: no statute of limitations extends to any person fleeing from justice.8Office of the Law Revision Counsel. 18 USC 3290 Fugitives From Justice Most states have similar rules. Physically leaving the jurisdiction is not always required; going into hiding within the same state can also qualify. Every day spent as a fugitive is a day that does not count. Someone who flees for a decade after an attempted murder with a 10-year deadline could still face charges 20 years after the offense.
Crimes Against Minors
Many states pause the clock when the victim was a child at the time of the offense. The clock may not begin running until the victim turns 18 or later. This tolling appears more often in sexual abuse cases, but some states extend it to violent crimes including attempted murder. The specifics vary.
John Doe DNA Indictments
When a suspect’s identity is unknown but DNA evidence exists, prosecutors in at least ten states and the District of Columbia have used “John Doe” indictments. Instead of naming a suspect, the indictment identifies the person solely by their DNA profile. Because filing an indictment formally begins the prosecution, this can stop the limitations clock even when investigators do not yet know who the suspect is. Once a DNA match identifies the person, the case moves forward. Courts have generally accepted a DNA profile as specific enough to satisfy the legal requirement that a warrant describe the suspect with reasonable precision.
What Happens If the Deadline Passes
If the statute of limitations expires before charges are filed, the case is over. A court must dismiss any charges brought after the deadline, even where the evidence of guilt is overwhelming. The defendant raises the expired deadline as a defense, and prosecutors have no way to revive the case.
Courts do not waive this bar for sympathetic facts. Once the applicable period runs without charges being filed and without any tolling event pausing the clock, the criminal exposure ends permanently.
Civil Suits Are a Separate Track
A criminal deadline governs only what the government can do. Victims can still sue the attacker in civil court for financial compensation. A criminal acquittal, or the expiration of the criminal statute of limitations, does not block a civil case. The two systems run independently and use different standards of proof.
In a civil suit, a victim can seek compensatory damages for medical bills, lost income, ongoing therapy, and pain and suffering, and courts also weigh future medical costs when injuries are long-term. Punitive damages may be available for particularly egregious conduct.9Office for Victims of Crime. Civil Lawsuits for Victims of Crime
The civil deadline is usually much shorter than the criminal one. For intentional torts like assault and battery, most states give victims between one and six years to file, with two years the most common window. Missing this deadline typically forfeits the right to recover damages, no matter how strong the claim. Victims focused on the criminal case sometimes overlook the civil filing deadline until it has already passed.