Statute of Limitations for Class D / 4th Degree Felony in Florida
6 min read
Published March 22, 2026 • By DocketMath Team
Overview
In Florida, the statute of limitations (SOL) sets a deadline for when the State can file criminal charges (or, in some contexts, proceed on an existing case) for a given offense. For a Class D felony / 4th degree felony, Florida’s default limitations period is 4 years.
This guide focuses on the general/default SOL that applies when no claim-type-specific sub-rule is identified. In other words, for Class D / 4th degree felony purposes, you should treat this as the baseline rule—not a special-case rule based on a particular charging theory—unless a specific statutory exception applies.
Note: A “statute of limitations” deadline affects the State’s ability to prosecute after that date. It does not automatically erase all consequences (for example, an arrest history may still exist), but it can bar the prosecution if the SOL truly expires under the governing statute.
If you’re using DocketMath’s statute-of-limitations calculator, you’ll want to enter dates precisely, because the SOL typically turns on the offense date and how any exception interacts with that timeline.
Limitation period
Default limitations period (Class D / 4th degree felony)
- General SOL period: 4 years
- General statute: **Florida Statute § 775.15(2)(d)
Florida’s § 775.15 provides a structure for criminal limitations periods by offense classification. For Class D felonies, the default period is 4 years, meaning the State generally must initiate prosecution within that timeframe.
How the timeline is usually evaluated (practical view)
Most SOL calculations start with two anchor dates:
- Offense date (or the date the offense is considered to have occurred for SOL purposes)
- Charging or filing date (often the date an information/indictment is filed, or when prosecution is effectively commenced, depending on the procedural posture)
Then the math is straightforward:
- If charging occurs within 4 years of the offense date → SOL generally not expired.
- If charging occurs after 4 years → SOL is generally expired unless an exception or tolling rule applies.
What can change the output in DocketMath
When you run the calculator, the output can change based on whether you include:
- A tolling/exception date adjustment (if applicable)
- How you entered the offense date (date-only vs. a specific time can matter in some edge situations)
- Which “start” and “end” dates you select for the offense and prosecution timeline
To get a reliable result, enter dates consistently—if you use an offense date as “June 1, 2019,” use the prosecution date in the same format.
Quick scenario examples (baseline rule)
Below are illustrative scenarios using the default 4-year SOL:
| Offense date | 4-year SOL window ends | If charged… | Baseline result |
|---|---|---|---|
| Jan 15, 2020 | Jan 15, 2024 | Jan 10, 2024 | Generally within SOL |
| Jan 15, 2020 | Jan 15, 2024 | Jan 16, 2024 | Generally outside SOL (unless exception) |
| Aug 30, 2018 | Aug 30, 2022 | Aug 29, 2022 | Generally within SOL |
| Aug 30, 2018 | Aug 30, 2022 | Aug 31, 2022 | Generally outside SOL (unless exception) |
Key exceptions
Florida’s limitations framework includes circumstances that can extend (toll) or otherwise affect the SOL analysis. This section flags the types of exceptions you should check for when you’re evaluating a 4th degree felony timeline in practice.
Because this post is built around the general/default rule (and no offense-specific sub-rule was identified beyond that baseline), the safest workflow is:
- Start with the 4-year period under **§ 775.15(2)(d)
- Then verify whether any tolling/exception provisions apply to your facts
Common categories of SOL-impacting issues to review
In Florida criminal practice, SOL disputes often turn on one or more of the following categories:
- Tolling for defendant-related circumstances (e.g., unavailability or inability to proceed under certain conditions)
- Tolling during particular procedural or jurisdictional events
- Special statutory rules for certain crime characteristics (even if the charging category is Class D)
Warning: Exceptions can dramatically change the effective SOL deadline. A case that appears “outside” the 4-year window under a simple date difference may still be prosecutable if an applicable tolling or exception applies.
What to do before you rely on a date calculation
If you’re using DocketMath to generate a deadline estimate, cross-check:
- Whether the prosecution date you’re using is the right procedural “start” point for SOL purposes in your situation.
- Whether any exception could reasonably be argued based on case facts.
- Whether multiple alleged dates exist (for example, multiple acts or continuing conduct), since the offense date selection can matter.
Gentle disclaimer: This article explains the baseline Florida rule and typical calculation mechanics, but it’s not legal advice. SOL outcomes depend on the case record and how the relevant procedural history is treated under Florida law.
Statute citation
The default statute of limitations for a Class D felony (4th degree felony) in Florida is:
- Florida Statute § 775.15(2)(d) — 4 years
Source for the statutory text: https://www.flsenate.gov/Laws/Statutes/2004/775.15?utm_source=openai
Use the calculator
Use DocketMath’s statute-of-limitations calculator to translate dates into a deadline based on the default 4-year period for Florida Class D / 4th degree felonies.
Start here: **/tools/statute-of-limitations
Then, follow this checklist to get accurate outputs:
How outputs typically change
- Change the offense date by a few days → the SOL deadline moves by the same amount.
- Change the prosecution date → the “within vs. outside” determination can flip exactly when you cross the deadline.
- Add an exception/tolling adjustment → the computed deadline may extend, changing the result even if the raw date difference looks unfavorable under a simple 4-year test.
If you need to review related guidance or workflows, you can also navigate from DocketMath’s tool suite—for example: /tools.
Related reading
- Choosing the right statute of limitations tool for Vermont — Tool comparison
- Choosing the right statute of limitations tool for Connecticut — Tool comparison
