STATUTE OF LIMITATION

Location:
CRIME AND CRIMINALS; CRIMINAL PROCEDURE;

OLR Research Report


April 24, 2009		2009-R-0188
STATUTE OF LIMITATION

By: Sandra Norman-Eady, Chief Attorney

You asked for the statute of limitation for prosecuting a hit and run crime that resulted in the serious physical injury of a victim over age 60. We understand serious physical injury to means serious health impairment and serious loss of bodily functions.

SUMMARY

The statute of limitation for prosecuting criminal cases varies primarily depending on the classification of the crime or the term of imprisonment.

Felonies (crimes that may be punished by imprisonment for more than one year) must generally be prosecuted within five years after the crime was committed. However, the most serious felonies, class A and capital, may be prosecuted at any time. Misdemeanors (crimes that may be punished by imprisonment for less than one year) must be prosecuted within one year after the crime was committed. The statute of limitation is tolled during any period the offender resides outside of the state.

Although we do not know the crime(s) a prosecutor would file against the driver, the vast majority of the likely crimes are felonies that would allow for prosecution within five years after the crime. A couple of the crimes that may be charged are misdemeanors that must be prosecuted within one year after the crime. Other crimes may be applicable depending on the driver's condition at the time of the crime. For example, an intoxicated driver could be charged with 2^nd degree assault with a motor vehicle while intoxicated, a class D felony, punishable by one to five years in prison (CGS § 53a-60d).

Prosecutors may charge defendants with a number of crimes in the same charging document. However, the law sometimes prohibits defendants from being found guilty of two or more related crimes. For example, a defendant cannot be found guilty of 1^st, 2^nd, or 3^rd degree assault and 1^st, 2^nd, or 3^rd degree assault of an elderly person.

Table 1 shows a list of possible crimes a hit and run driver who causes the serious physical injury of a person over age 60 may be charged with violating, the term of imprisonment each crime carries, and each crime's statutory citation.

TABLE 1: POSSIBLE CHARGES A HIT AND RUN DRIVER COULD FACE

*Statutes*	*Crimes*	*Penalties*
14-224(a)	Evading responsibility (hit and run) that causes serious physical injury.	Unclassified felony, punishable by one to 10 years in prison.
53a-59(a)(3)	Assault 1^st degree-- under circumstances evincing an extreme indifference to human life, a person recklessly engages in conduct that creates a risk of death to another person and thereby causes serious physical injury to another person.	Class B felony, punishable by five to 20 years in prison.
53a-59a	Assault 1^st degree of an elderly person—same as Assault 1^st degree except the victim is age 60 or older.	Class B felony, punishable by five to 20 years in prison. Five years of the sentence cannot be reduced or suspended.
53a-60(a)(3)	Assault 2^nd degree—a person recklessly causes physical injury to another person by means of a dangerous instrument (e. g. car)	Class D felony, punishable by one to five years in prison.
53a-60b	Assault 2^nd degree of an elderly person—same as Assault 2^nd degree except the victim is age 60 or older.	Class D felony, punishable by two to five years in prison. Two years of the sentence cannot be reduced or suspended.
53a-61(a)(2) or (3)	Assault 3^rd degree—a person (1) recklessly causes serious physical injury to another person or (2) with criminal negligence, causes physical injury to another person using a dangerous instrument.	Class A misdemeanor, punishable by up to one year in prison. There is a one year mandatory sentence if the offender violated (2).
53a-61	Assault 3^rd degree of an elderly person—same as Assault 3^rd degree except the victim is age 60 or older.	Class A misdemeanor, punishable by up to one year in prison. The one year cannot be suspended or reduced.

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