Last Updated on July 2, 2024
It makes sense that someone could be charged with murder 30 years after the victim dies, but it wouldn’t be fair for someone to be accused of shoplifting that many years later. The statute of limitations is a legal way to ensure that those who committed heinous acts can be held responsible for their actions years down the line, while those who made a small indiscretion cannot be punished long after they made a minor error in judgment. Here’s how the statute of limitation works in California, including how long prosecutors have to file charges for most misdemeanor and felony criminal offenses.
What is a Statute of Limitations?
The first step to understanding this legal concept is learning what the term “statute of limitations” means. Put simply, the statute of limitations on a crime is how long police have to collect enough evidence before the District Attorney can no longer file charges. These limits are designed to ensure someone can’t be charged with a minor crime years after the fact. For example, if a senior citizen gives a speech about how he shoplifted as a teenager, the statute of limitations are what prevents the police from being able to arrest him for the crime.
While most offenses have a statute of limitations, the most serious criminal charges in California, including rape and murder, do not. These charges can be filed no matter how many years have passed after the offense. Always speak with an attorney before confessing to any crimes, even if you feel like they happened a lifetime ago and even if you believe the statute of limitations must have expired.
When Does the Countdown Start on the Statute of Limitations?
Usually, the clock starts ticking when the crime occurs, but there are some exceptions. Even if the charges were filed on time based on an exception though, it can sometimes be argued that the amount of time that elapsed has made it so the defendant’s right to a speedy trial has been violated. A few situations where the statute of limitations may start later than the date the crime took place include:
The Date of Discovery
One exception is known as “discovery,” which means that the crime wasn’t uncovered until later. In these cases, the statute of limitations does not begin until the victim discovers the crime.
For example, if an art gallery owner brought in a painting to have it cleaned, only to find out that they purchased a forgery ten years ago, the statute of limitations would begin when they discovered the painting was a forgery. In this case, because the statute of limitations for fraud in California is typically 3 years, the prosecutor would have 3 years to file charges after the gallery owner discovered the piece to be a forgery —not 3 years after the purchase took place.
The Defendant Committed a Crime While Legally Insane
The countdown for a statute of limitations may also start later if the defendant was legally insane when the crime occurred. In this case, charges will not be filed until the defendant is considered mentally competent again. On the other hand, if the defendant became mentally incompetent after the crime happened, the trial may be put on hold later on. However, the District Attorney must still file charges according to the original statute of limitations.
The Victim was a Minor
In cases where the victim is a minor, the clock won’t start ticking until they turn eighteen.
This part of the statute of limitations laws gets particularly complex and sometimes a defense lawyer will be able to successfully argue that the statute should have run out earlier.
What are the Statutes of Limitations for Criminal Offenses in California?
While some criminal offenses detail specific timeframes for prosecutors to file charges, those that do not are subject to a generalized set of limitations under state law. Overall, there is only a one-year statute of limitations for misdemeanor offenses in California, which includes misdemeanor-level DUI, petty theft, and drug possession. When the victim of a misdemeanor offense was under 14 at the time it took place, prosecutors have up to three years to file charges.
Under Penal Code section 801 (PC), most felony-level offenses, including burglary or assault with a deadly weapon, have only a 3-year statute of limitations. However, under Penal Code section 800 (PC), those with a potential penalty of more than 8 years in prison, including robbery and arson, are subject to a 6-year statute of limitations. “Wobbler” offenses, meaning those that can be filed as a misdemeanor or felony, are subject to the felony-level statute of limitations, even if the crime ends up being charged as a misdemeanor.
Even if the prosecutor files within the standard time limits provided by the statute of limitations, the defense attorney can move for dismissal of charges based on the argument that the defendant’s right to a speedy trial has been violated, as the delay caused prejudice to the defendant’s case.
Crimes With a Longer Statute of Limitations
Some criminal charges don’t fall under the standard statute of limitations set under state law. Here are some exceptions to the typical time limits:
5 Years
If the victim of the crime is an elderly or dependent adult, prosecutors typically have 5 years to file the charges. While the statute of limitations for domestic violence was previously set by the standard timelines, it was extended to 5 years in 2020.
10 Years
You can still be charged for up to 10 years after committing the following crimes:
- Sex offenses against minors (this period only starts after the juvenile turns 18)
- Failing to register as a sex offender
No Statute of Limitations
Prosecutors have unlimited time to file charges in the following situations:
- Murder cases
- Crimes punishable by life imprisonment or the death penalty
- Cases involving the embezzlement of public funds
- Kidnapping offenses
- Sexual assault cases
Notably, up until 2016, the statute of limitations for sexual assault was only 6 years, except for aggravated sexual assault charges, which still had no limit. Since then, any sexual assault can be charged any number of years after it happened.
If you have any questions about the statute of limitations for a particular crime or believe the police arrested you for a crime after the clock has run out to file the charges, criminal defense attorney Peter M. Liss can help. Please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation.
