Puerto Rico law
Criminal Defense Laws in Puerto Rico.
Puerto Rico classifies criminal offenses as felonies (first through fourth degree) and misdemeanors under the Penal Code of 2012 (Act 146-2012). First-degree felonies carry up to 99 years imprisonment. The territory has no death penalty. Puerto Rico offers expungement (eliminacion) of criminal records for eligible offenses, and recent legislation (Act 56-2024) expanded automatic record clearing.
Last verified: 2026-02-26
State law
Statute of Limitations
First-degree felonies, murder in all forms, genocide, crimes against humanity, kidnapping, embezzlement of public funds, and felonies committed by public officers have no statute of limitations. Second through fourth-degree felonies have a 5-year limitation period. Misdemeanors must be charged within 1 year.
Exceptions
Misdemeanors committed by public officers or employees in the performance of their duties, and misdemeanors involving fiscal law violations, have a 5-year statute of limitations instead of the standard 1 year.
Concealment and conspiracy crimes prescribe in 10 years when committed in relation to murder in all its modalities.
State law
Key Puerto Rico Statutes
First-degree felony: up to 99 years (parole eligible after 25 years). Second-degree: 8-15 years. Third-degree: 3-8 years. Fourth-degree: 6 months to 3 years. Misdemeanors: up to 6 months and/or up to $5,000 fine.
BAC limit is 0.08% (0.02% for ages 18-20, zero tolerance under 18, 0.04% for commercial drivers). First offense: $300-$500 fine and 30-day license suspension. Second offense: up to $700 fine, 5+ days jail, up to 1-year suspension. Third offense (felony): up to $1,000 fine, 10+ days jail, 1+ year suspension.
Puerto Rico allows expungement of criminal records. Misdemeanor convictions are eligible after 6 months from sentence completion. Felony convictions require a 5-year waiting period. Violent sex crimes, child abuse, and corruption offenses are generally excluded. Act 56-2024 established automatic record clearing for qualifying offenses.
The Puerto Rico Constitution guarantees the right to counsel in criminal proceedings. Defendants who cannot afford an attorney are entitled to representation by the Legal Aid Society (Sociedad para Asistencia Legal).
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Puerto Rico.
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