The One Year and One Day Rule
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Criminal Defense,
In other chapters, we’ve discussed the heinous crime of murder.
Criminal defense attorneys Attorney Eric T. Kirk in Baltimore that paid attention in their law school classes may remember that, at common law, a person could not be convicted of murder if the death occurred more than a year and a day after the act or omission for which they are prosecuted. The rule has been changed by statute. The phrase one year and one day comes up in federal sentencing, currently. If the person is sentenced to one year or less, it is for a misdemeanor , “more than” one year, it’s a felony sentence.
