Statute of Limitations for Class B / 2nd Degree Felony in New York
5 min read
Published March 22, 2026 • By DocketMath Team
Overview
In New York, the statute of limitations (“SOL”) sets a deadline for the state to prosecute a criminal case. For Class B felonies—commonly treated as second-degree felony offenses in practice—you generally look to New York’s general SOL framework in CPL 30.10.
What this post covers (and what it doesn’t)
- ✅ General rule for felony prosecutions in New York under CPL 30.10(2)(c).
- ✅ The practical consequences of the 5-year clock.
- ✅ The main types of exceptions that can extend the effective time to prosecute.
- ❌ A claim-type-specific SOL override for Class B/second-degree offenses: no specific sub-rule was found beyond the general/default rule cited below. In other words, treat the period below as the default starting point and then check whether an exception applies.
If you want a fast check, use DocketMath’s calculator first: /tools/statute-of-limitations.
Note: This article explains the general/default SOL structure in New York. It is not legal advice, and exceptions can be fact-dependent.
Limitation period
Default SOL: 5 years
New York’s general SOL for certain felonies is five (5) years. For the Class B / second-degree felony category you described, the starting point is:
- Five-year prosecution deadline
- Measured under the rules in CPL 30.10, typically triggered by the applicable procedural “commencement” framework and subject to tolling/extension rules discussed below.
Your workflow should look like this:
1) Identify the offense category
- Confirm the charge is a Class B felony (or your matter is treated as a second-degree felony) rather than a misdemeanor or another classification.
- If the charge classification is in dispute, the SOL analysis changes because CPL 30.10 applies differently across offense levels.
2) Determine the relevant date for the clock
In most SOL workflows, you track a key timeline date tied to the offense conduct and prosecution timing. Because SOL computation details can be procedural and exception-driven, avoid assuming the clock starts on the exact same day for every case. DocketMath helps you model the timeline using the inputs you provide.
3) Apply exceptions (if any)
Even when the general period is 5 years, the clock can be extended by certain statutory events (detailed next).
Key exceptions
New York SOL rules include situations where the limitations period may be tolled (paused) or extended, depending on circumstances. While the full catalog of exceptions is broader than any single blog post, you should actively check whether your fact pattern triggers any of the following categories:
Common exception categories to investigate
Use this checklist to prompt document review and timeline validation:
Practical timing impact
If an exception applies, you may see these outcome changes:
| Scenario | General rule (default) | With an exception |
|---|---|---|
| No exception applies | 5 years runs straight through | Clock may pause or be extended |
| Exception applies for part of time | 5 years “end date” shifts | Effective deadline could move later |
| Multiple exception triggers | 5 years may be substantially altered | Effective deadline may extend further than expected |
Warning: Exceptions are where SOL outcomes most often diverge from the “headline” number. A case that looks time-barred under a simple 5-year calculation can become prosecutable if a statutory tolling/extension provision applies.
Statute citation
The general/default statute of limitations period referenced for this felony timing framework is:
- N.Y. Crim. Proc. Law § 30.10(2)(c)
- General SOL period: 5 years
How to read this in practice:
CPL 30.10 provides the structure for SOL periods by offense classification and framework. For your described use case (Class B / second-degree felony), the default starting point is 5 years under § 30.10(2)(c)—with the understanding that statutory exceptions can alter the practical deadline.
Use the calculator
Run a quick SOL model with DocketMath’s statute-of-limitations tool here: /tools/statute-of-limitations.
Suggested inputs (and why they matter)
To generate a usable “deadline-style” output, you typically provide:
- Jurisdiction: Select **US-NY (New York)
- Offense classification: Choose Class B / second-degree felony (or the closest matching category in the tool)
- Key date for the timeline: Enter the offense-related date your records rely on (for example, the date of the conduct or another case-specific anchor)
How outputs change
As you adjust inputs, DocketMath’s output responds in two main ways:
Timeline shift from key dates
- Change the anchor date → the calculated “end of limitations window” date moves accordingly.
Exception modeling (if supported in the tool UI)
- If the tool asks whether an extension/tolling scenario applies, selecting “yes” typically results in a later effective deadline.
- If the tool includes a “no exception” assumption, the output reflects the straightforward 5-year framework under CPL 30.10(2)(c).
Output you can use immediately
Your goal is a practical deadline to drive next steps:
- A calculated limitations end date (under default rules)
- A recomputed end date if you indicate applicable tolling/extension inputs in the tool
Note: Treat the calculator result as a timeline model, not a final determination. SOL analysis is sensitive to the exact offense classification and any CPL-recognized exceptions.
Related reading
- Choosing the right statute of limitations tool for Vermont — Tool comparison
- Choosing the right statute of limitations tool for Connecticut — Tool comparison
