For any felony other than Class A, the accusatory instrument must be filed within how many years of the commission?

• A. Two years
• B. One year
• C. Five years
• D. Three years

Answer: (C)

Statutes of limitations govern when charges can be filed in criminal cases. For felonies that are not Class A, the rule sets a five-year window from the commission of the offense within which the accusatory instrument must be filed. This five-year limit provides a balance between the state's interest in prosecuting crimes and the defendant’s right to a timely prosecution, with various tolling rules that can extend or pause the period in specific circumstances. So, the correct timeframe for non-Class A felonies is five years. The shorter periods listed do not apply to this category, and Class A felonies are governed by a different rule, which is why the five-year figure is the right choice here.