Puerto Rico Criminal Defense Laws

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.

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).