For an accusatory instrument, by when must a Class A felony be filed?

• A. Within five years of commission of felony
• B. At any time
• C. Within two years of commission of misdemeanor
• D. Within one year after commission of petty offense

Answer: (B)

The key idea is that the filing deadline for an accusatory instrument depends on the seriousness of the offense, and for the most serious offenses there is no time limit. In this jurisdiction, Class A felonies have no statute of limitations, so charges can be filed at any time after the alleged crime. That’s why the correct choice is that it may be filed at any time.

The other timeframes—within five years, within two years, or within one year after a petty offense—are time limits that apply to lesser offenses (different categories of felonies, misdemeanors, or petty offenses), not to Class A felonies.