California's criminal statute of limitations sets limits for how long a prosecutor may wait to file formal criminal charges. As in other states, there is no time limit to bring charges for crimes such as murder or embezzlement of public funds. But lesser felonies have a 3-year statute of limitations, while misdemeanors are two to three years.
Statute of Limitations Basics
A statute of limitations is a time limitation for bringing a lawsuit. This limitation is often different for different types of lawsuits. The time limitation for a lawsuit for a breach of a contract may be different than the time limitation for a lawsuit based on a car crash. This changes for criminal cases as well. Minor crimes may have a shorter statute of limitations than major crimes, which may have no time limitation at all.
Justifications for Statutes of Limitations
One main justification for a statute of limitations is the unfairness that a delayed trial may cause to the defendant.
For criminal law cases, the delay in prosecution can be especially prejudicial. In the time since the alleged crime and the prosecution, you may have lost evidence that would prove you did not commit the crime. Although the prosecution still must prove you committed the crime beyond a reasonable doubt, simple items like receipts, photos, or phone records may prove your innocence and can be lost with time.
California's Discovery Rule
It is important to note that the statutory period for bringing a case does not begin until the offense is discovered, or should have been discovered. As well, statutes of limitations change from state to state, and what is true for California may not be true for another state.
The following chart provides the basics of California criminal statute of limitations law, and a more in-depth summary follows.
| California. |
| Criminal Statute of Limitations. |
| The criminal statute of limitations is a time limit the state has for prosecuting a crime. Under California law, the statute of limitations depends on the severity of the crime you face, ranging from one year to no limit. |
| Penal Code sec. 799 et seq. |
Varies based on crime:
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
California Codes and Legal Research Options
- California Codes
- California Legal Research
Additional Resources
If you have additional questions about California's criminal statute of limitations, click on the following links:
- California Criminal Laws
- Criminal Defense Strategies
- Criminal Trial Overview
Learn More About California Criminal Statute of Limitations Laws from a Lawyer
As you can see above, some criminal charges must be filed by the prosecution within a certain period of time, while others do not have any time restrictions. If you have been charged with a crime, it is always a good idea to contact a local criminal defense attorney to learn more about the charges you are facing and any defenses that may be available.
We are all familiar with the term “statute of limitations” but what does it actually mean. In criminal law, it refers to the time in which a person can be prosecuted for a particular crime according to the statute (law). Each state has devises its own statutorily defined time in which a person can be charged with a crime and the federal government has its own statute of limitations for federal crimes.
In California, crimes that can be punished by death or life in prison without the possibility of parole have no statute of limitations, nor do crimes for the embezzlement of public funds. In 2016, a new bill was signed into law that removes the statute of limitations on prosecutions for certain sex crimes, including rape and child molestation. Previous to this law, rape had a ten-year statute of limitations and sex crimes against children had to be prosecuted before the victim turned 40.
All other crimes have a specified number of years under the California statute in which the prosecutor can charge those crimes, but it’s complicated. Generally, misdemeanor crimes must be prosecuted within one year of the date of the crime while felonies must be prosecuted within three or six years depending on the applicable punishment for the crime. Those crimes that are punishable by imprisonment have a three-year statute of limitations, but if the crime is punishable by imprisonment for eight years or more, the statute of limitations bumps up to six years. There are many exceptions. For example, some crimes against a person over the age of 65 have a five-year statute of limitations and some white-collar crimes such as fraud and embezzlement have a four-year statute of limitations.
You may be wondering if a person can avoid prosecution by just hiding from the authorities until the statute of limitations passes or if a person is in the clear if the authorities don’t identify the culprit in time. In both cases the answer is: it depends.
Let’s say the authorities identified Mr. X as the perpetrator of a crime. A warrant is issued for his arrest but law enforcement can’t find him. As long as the warrant for Mr. X’s arrest is issued within the prescribed statute of limitation time limit, the statute is “tolled” until Mr. X is arrested. Tolling the statute of limitations simply means that the clock stops on the time period until Mr. X’s arrest. If Mr. X is evading his arrest, the toll is indefinite. If he is out of state, the toll is three years.
The statute of limitations begins to run upon the discovery of the crime. Some crimes, such as embezzlement, may not be discovered until long after the crime has occurred. If the authorities can’t identify who committed the crime before the statute of limitations runs out, the statute of limitations may expire. But there are exceptions. Those cases often called “cold cases” can be reopened many years later when law enforcement identifies the perpetrator by DNA evidence. When this occurs, the statute of limitations starts ticking once the alleged perpetrator is identified.
An experience criminal defense attorney knows that the very first question to ask when a crime is prosecuted is “Is this within the statute of limitations?” The prosecution doesn’t often miss the deadline but it happens. When a crime is charged beyond the statutory time deadline, it is an unlawful charge and must be dismissed by the court.
Criminal defense attorney William Weinberg has been practicing criminal and juvenile defense in Orange County for almost 25 years. Contact him at his Irvine office at (949) 474-8008 or by email at for a free consultation regarding your criminal matter.