Criminal Defense
Criminal Statute of Limitations in California: How Long Can You Be Charged?
Quick Answer
In California, prosecutors generally have 1 year to file most misdemeanors and 3 years for most felonies. Crimes punishable by 8+ years carry a longer limit, and the most serious offenses — murder, embezzlement of public funds, and certain sex crimes — have no statute of limitations at all.
How long can the state wait to charge you?
California's criminal statute of limitations sets deadlines for prosecutors to file charges. Miss the deadline and the case generally cannot proceed. The two most common rules: one year for most misdemeanors (Penal Code 802) and three years for most felonies (Penal Code 801). More serious crimes carry longer limits, and the gravest have none.
The general time limits
- Most misdemeanors — 1 year (PC 802)
- Most felonies — 3 years (PC 801)
- Felonies punishable by 8+ years — 6 years (PC 800)
- Murder, life/death-eligible crimes, embezzlement of public money, specified serious sex offenses — no limit (PC 799)
When does the clock start?
Usually on the date the offense is committed. But some crimes use a discovery rule: for certain fraud and financial crimes, and some sex offenses, the limitations period starts when the crime was discovered or reasonably should have been. The clock can also be paused — “tolled” — for example, while the suspect is out of state.
Special rules for sex crimes and crimes against children
California has repeatedly extended the deadlines for serious sexual offenses, and many now have very long or unlimited filing windows, particularly where DNA evidence exists or the victim was a minor. These rules are detailed and frequently amended, so specific charges require individualized analysis.
Why the statute of limitations matters to your defense
If the prosecution files after the deadline, your attorney can move to dismiss the charges entirely — one of the most powerful defenses available. Determining the correct limitations period, the start date, and whether any tolling applies requires careful legal analysis of the exact charge and facts.
Think charges against you may be time-barred in Orange County? Contact our office for a free review of the timeline and your options.
Key Takeaways
- Most misdemeanors: 1 year to file charges.
- Most felonies: 3 years.
- Felonies punishable by 8+ years in prison: 6 years.
- Murder and a few other serious crimes: no time limit, ever.
Frequently Asked Questions
What is the statute of limitations for misdemeanors in California?
Generally one year. Under Penal Code 802, prosecutors must file most misdemeanor charges within one year of the offense. Some specific misdemeanors have different limits, but one year is the default rule for the majority of cases.
What is the statute of limitations for felonies in California?
Most felonies must be charged within three years under Penal Code 801. Felonies punishable by eight or more years in prison have a six-year limit (PC 800). The clock generally starts when the crime is committed, though some offenses use a discovery rule.
Which California crimes have no statute of limitations?
Murder, offenses punishable by death or life imprisonment, embezzlement of public funds, and certain serious sexual offenses have no statute of limitations. Charges for these crimes can be filed at any time, even decades after the alleged offense.
When does the statute of limitations clock start?
Usually on the date the crime is committed. For some offenses — such as fraud or certain sex crimes — the clock starts when the crime is discovered or reasonably should have been discovered. The limitations period can also pause ("toll") while a suspect is out of state.
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