Consult A Criminal Lawyer In Madison For Questions Regarding Wisconsin Statutes Of Limitation

Did you know that most crimes are subject to a Statute of Limitations? A Statute of Limitations is a state or federal law that specifies or restricts the time within which a lawsuit may be brought forth. Once the time period expires, a lawsuit cannot be filed. One of the first questions a criminal lawyer in Madison, WI will ask is no doubt, “How long ago did the incident occur?” The date will be one of the first considerations in whether or not you have a case.

Statutes of Limitation apply to both civil and criminal actions and are intended to protect defendants by preventing fraudulent or old claims from being brought forth after evidence has been lost or the facts have become obscured. In general, the more serious the crime, the longer the Statute of Limitations, but not every crime has a Statute of Limitations.

The only governing body with the authority to change the Statute of Limitations is the Legislature. A judge cannot adjust the Statute in order to allow a lawsuit to proceed.  However, Statutes of Limitation can be tolled or suspended. In Wisconsin, this falls under Wisconsin State Statute 939.74.
Wisconsin has Statutes of Limitation for both civil and criminal cases.

Wisconsin Statutes Of Limitation For Civil Lawsuits

Statutes of Limitation governing civil lawsuits in Wisconsin are covered by Chapter 893 of the Wisconsin State Statutes. Some of the most common civil claims and their limitations are:

  • Battery: 2 years (Wisconsin State Statute 893.57)
  • Contract (oral or in writing): 6 years (Wisconsin State Statute 893.43)
  • False Imprisonment: 2 years (Wisconsin State Statute 893.57)
  • Fraud: 6 years (Wisconsin State Statute 893.93(1)(b))
  • Enforcing Court Judgments: 6 or 20 years (Wisconsin State Statute 893.40)
  • Libel: 2 years (Wisconsin State Statute 893.57)
  • Medical Malpractice: 3 years (Wisconsin State Statute 893.55(1m)(a))
  • Personal Injury: 3 years (Wisconsin State Statute 893.54(1))
  • Product Liability: 3 years (Wisconsin State Statute 893.54(1))
  • Property Damage: 6 years (Wisconsin State Statute 893.52)
  • Slander: 2 years (Wisconsin State Statute 893.57)
  • Trespassing: 6 years (Wisconsin State Statute 893.52)
  • Wrongful Death: 3 years (Wisconsin State Statute 893.54(2))

Wisconsin Statutes Of Limitation For Criminal Cases

The Statutes of Limitation for criminal offenses are covered by Wisconsin State Statutes Chapter 939.74. The most common criminal offenses and their Statute of Limitations are:

  • Battery: 3 or 6 years (Wisconsin State Statute 939.74(1))
  • Burglary: 6 years (Wisconsin State Statute 939.74(1))
  • Arson: 6 years (Wisconsin State Statute 939.74(1))
  • Disorderly Conduct: 3 years (Wisconsin State Statute 939.74(1))
  • First & Second Degree Intentional Homicide: No limit (Wisconsin State Statute 939.74(2)(a))
  • Sexual Assault: 6 years (Wisconsin State Statute 939.74(1))
  • Receiving Stolen Property: 3 or 6 years (Wisconsin State Statute 939.74(1))
  • Robbery: 6 years (Wisconsin State Statute 939.74(1))
  • First Degree Reckless Homicide: No limit (Wisconsin State Statute 939.74(2)(a))
  • Second Degree Reckless Homicide: 15 years (Wisconsin State Statute 939.74(2)(am))
  • Theft: 3 or 6 years (Wisconsin State Statute 939.74(1))
  • Child Sexual Assault (until the complaining witness is 35 years old)

Is Your Case Affected By A Statute Of Limitations? Consult A Criminal or Civil Lawyer In Madison To Find Out

If you are facing criminal charges or have a civil case and wonder if a Statute of Limitations will affect your situation, contact a lawyer at Madison based Eisenberg Law Offices for advice. We offer free and confidential consultations.

Call 608-200-3698 or contact us online.

Eisenberg Law has successfully represented our clients in thousands of Personal Injury, Criminal Defense and Family Law Cases during our 30-plus years in business.