What This Statute Says
When someone is charged criminally and then later acquitted, convicted, or otherwise resolved, the victim may want to pursue a civil action for damages. This section ensures the victim has at least one year after the criminal case ends to bring the civil claim, even if the usual statute of limitations would have already run.
A. Notwithstanding sections 12-505 and 12-542, if a defendant is charged by a criminal complaint or indictment the statute of limitations for any civil cause of action that is brought by a victim against the defendant for criminal conduct against the victim is extended for one year from the final disposition of the criminal proceedings, regardless of whether the defendant is convicted of criminal conduct against the victim.
A.R.S. § 12-511When This Statute Comes Into Play
This extension matters when:
- A caregiver or fiduciary is charged with financial exploitation of a vulnerable adult, and the family wants to pursue civil recovery.
- A criminal case drags on for years, eating into the time the victim would otherwise have for a civil lawsuit.
- The family of an exploited or assaulted family member learns of the criminal resolution and needs time to assess civil remedies.
What This Means for Arizona Families
When a relative is criminally victimized, the family is rarely focused on civil litigation. They are dealing with the police, the prosecutor, hospitals, and the basic facts of what happened. By the time the criminal case finally ends, ordinary lawsuit deadlines can have come and gone. This section keeps the civil door open.
If a family member has been financially exploited, physically harmed, or otherwise victimized and a criminal case is pending or recently concluded, do not assume civil claims are dead. The one-year extension in this section may give you time to pursue restitution beyond what the criminal court orders. Our FAQ on whether to add a child to a parent's bank account covers a common fact pattern that leads to financial exploitation prosecutions. Combined with A.R.S. 46-456, which provides damages up to double the assets taken plus fees, the civil remedies can be more meaningful than the criminal restitution. The personal representative of an exploited person's estate should consult with an Arizona probate attorney about both tracks of recovery.