In the state of California, the statute of limitations for a criminal case is the fixed period during which a prosecutor must file the charge(s) against the defendant(s). The statute of limitations was created to protect defendants from unfair prosecution by granting them immunity from prosecution after the statute of limitations has expired.
Key Takeaways
- Charges for misdemeanor offenses must be filed within 1 year from the date of the offense; for standard felonies, the deadline is 3 years.
- There is no time limit for bringing charges of murder or for other charges that have a life sentence.
- Tolling exceptions such as out-of-state travel or actively hiding from prosecution may pause the statute of limitations.
- Proactive protection means that defense lawyers can assist clients with getting their case dismissed if the time limit expires.
What is the California Criminal Statute of Limitations?
In California, the criminal statute of limitations is defined as a strict deadline by state law for the prosecution (in most cases, the district attorney, DA) to submit a criminal complaint or charge against a defendant in court. The purpose of the statute of limitations is to ensure that real evidence, such as physical evidence or witness testimony, is available at the time of trial and to prevent stale evidence from being used in future trials.
| Jurisdiction & Court | Standard Filing Limit for Misdemeanors | Standard Filing Limit for Felonies |
| California State Courts | 1 year from the date of the offense | 3 years for standard felony offenses |
| U.S. District Federal Courts | 5 years for non-capital crimes | 5 to 6 years based on the federal code |
Table 1: California Statute of Limitations
If a district attorney (DA) attempts to file charges after the statute of limitations has expired, the defendant can file a motion with the court to have those charges permanently dismissed.
What are the Exact Filing Deadlines for Misdemeanors and Felony Offenses?
California establishes its statute of limitations based on how serious an offense is categorized (felony vs. misdemeanor) and the maximum potential penalty for the underlying offense. Some offenses (e.g., felony murder or embezzlement of public funds) will have no time limit for filing charges, while others (e.g., misdemeanors) must be filed (i.e., prosecution initiation) relatively quickly before evidence and witnesses fade over time.
The California Legislature has created multiple tier categories that govern criminal prosecutions in the state:
- No Limit: Murder, embezzlement from the public treasury, and any crime where the maximum penalty is life in prison or death (e.g., aggravated kidnapping) can be prosecuted at any time.
- 6-Year Felony Limit: Any felony with a maximum prison term exceeding 8 years must be filed within 6 years after being committed.
- 3-Year Felony Limit: Any felony with a maximum prison term of less than 8 years must be filed within 3 years after being committed.
- 7-Year Domestic Violence Limit: Under California Penal Code § 803.7 PC, felony domestic violence charges filed under California Penal Code § 273.5 have a special 7-year filing period.
- 1-Year Misdemeanor Limit: All standard misdemeanors must be filed within 1 year after being committed.
| Limitations Period | Applies To | Key PC Section |
Examples |
| No limit | Death penalty / LWOP crimes; public embezzlement; rape | PC 799 | Murder (PC 187), rape (PC 261), and embezzlement of public funds |
| 10 years | Felony sex crimes requiring PC 290 registration | PC 801.1 | Most felony sexual assaults; failure to register as a sex offender |
| Until the victim turns 40 | Specified childhood sex crimes | PC 801.1(b) | Child molestation; lewd acts on a minor where the victim was under 18 |
| 7 years | Felony corporal injury on spouse/cohabitant | PC 273.5 | Domestic violence felony |
| 6 years | Felonies punishable by 8+ years imprisonment | PC 800 | First-degree robbery; arson; carjacking |
| 5 years | Elder/dependent adult crimes; pre-2025 DV felonies | PC 801 | Elder abuse felony; PC 273.5 for incidents before Jan 1, 2025 |
| 4 years | Fraud; public official misconduct; embezzlement from the elderly | PC 801 | PC 530.5 identity theft (discovery rule); government corruption |
| 3 years | Most felonies | PC 801 | Burglary; assault with deadly weapon; felony DUI with injury |
| 1 year | Most misdemeanors | PC 802 | DUI; petty theft; drug possession; misdemeanor hit-and-run |
Table 2: Criminal Statute of Limitations Periods in California
What is the Discovery Rule, & How does it delay the Filing Deadline Clock?
According to California Penal Code § 803(c), the Discovery Rule addresses late discoveries of certain offenses. Typically, the statutory clock begins as soon as an offense is committed. However, some offenses happen in secret and aren’t discovered until much later. These crimes often include elder abuse, identity theft crimes, financial crimes, etc., and often go undiscovered for months or even years.
| Offense Category | Standard Statute of Limitations |
How the Discovery Rule Applies |
| Grand Theft (PC § 487) | 3 years | The clock begins when the victim or the police discover the theft. |
| Identity Theft (PC § 530.5) | 3 years | The clock is delayed until the fraudulent activity is uncovered. |
| Forgery (PC § 470) | 3 years | The clock starts when the forged document is officially identified. |
| Elder Abuse (PC § 368) | 5 years | The clock is paused until the abusive conduct is reported. |
Table 3: Under How the Discovery Rule Applies to Specific Crimes
Essentially, the Discovery Rule creates a delay in the statutory filing window, starting the clock from the time the crime/offense was discovered by police or law enforcement officers. The Discovery Rule prevents offenders from hiding away for the duration that falls under the statute of limitations for their crimes.
Which Circumstances Cause the Statute of Limitations to Pause?
In California, the law allows an extension of the deadline for filing a case if certain criteria are met. This extension is called “tolling”, where the expiration date of a statute of limitations is suspended, thus giving the prosecutor (DAs) more time to file criminal charges.
Situations that may cause the statute of limitations to be tolled under California law include.
- Absence from the State: Pursuant to California Penal Code PC § 803(d), a statute of limitations for filing a charged crime is tolled while the defendant is absent from the state of California, and the amount of time that can toll the statute of limitations may not exceed a total of 3 years.
- Pending Subpoena Litigation: The statute of limitations for filing a charge or bringing an action may be tolled while the court determines whether to allow or disallow the service of a grand jury subpoena.
- Active Concealment: The filing date for a charge may be extended for a period of up to 1 year after the defendant’s identity is learned if the defendant actively conceals his/her identity or conceals evidence of an accidental death of a victim.
How can a Criminal Defense Attorney Obtain a Dismissal of Expired Charges?
Prosecutors cannot file criminal charges where the statute of limitations has expired. If they do, then defendants have an absolute right to obtain an immediate and permanent dismissal of the charges at the time they are filed.
| Defense Phase | Action Item |
Strategic Outcome |
| Pre-Filing Stage | Auditing police reports and timeline metadata. | Presenting timeline proof to the DA to prevent a case filing. |
| Arraignment Stage | Identifying out-of-state residency gaps. | Refuting prosecution claims of unlawful tolling. |
| Pre-Trial Stage | Filing a formal Demurrer or Motion to dismiss. | Securing a permanent, binding dismissal of all charges. |
Table: Phase-specific Action to Dismiss Expired Charges
At DCD LAW, we will protect you from untimely, prejudicial, and wrongful prosecutions after the applicable statute of limitations has expired. We will conduct extensive audits of the prosecution’s timelines to identify missed filing windows.
If there is an administrative delay in filing criminal charges by law enforcement, we will file aggressive motions in a court of law to exclude the expired evidence from that case. By taking action prior to the expiration of the statutes of limitations, we can often stop the prosecution’s investigation of a defendant and sometimes prevent the case from even being filed in the first place.
The Statute of Limitations was Established to Protect You!
In California, the statute of limitations was established to provide defendants with critical protection from prosecution after a reasonable time has passed since a crime occurred. For example, standard misdemeanor offenses have a one-year limitation, while standard felony offenses have a three-year limitation. However, the Discovery Rule may “toll” the ordinary statute of limitations, and California law allows out-of-state “tolling” as well.
Partner with an experienced attorney at DCD LAW to challenge the prosecution’s alleged violation of your constitutional rights and aggressively defend against time-barred charges.
Is Your Case Outside The Filing Window?
DCD LAW will find out! Contact our experienced legal team at DCD LAW today and schedule a comprehensive and confidential strategic review of your case.
Frequently Asked Questions
Does the Statute of Limitations Apply to Minor Traffic Infractions?
Absolutely! Minor Traffic Infractions in California are subject to the standard 1-year statute of limitations for Misdemeanors. A minor traffic infraction citation or formal request/proceeding should be filed within 1 year of the date of the violation.
Does California’s Statute of Limitations Apply to Federal Crimes?
Federal Crime Statute of Limitations is not dependent upon State Statutes of Limitations. Violations of Federal Criminal Law governed by Title 18 United States Code § 3282 are governed strictly under the provisions of Federal Law and will vary depending on the crime involved. For example, non-capital Federal Offenses such as Drug Offenses and Robbery generally have a maximum of 5 years. Tax Crimes have a maximum of 6 years.
Do the Statutes of Limitations Apply to a Defendant on Probation?
No! The Statute of Limitations only restricts a prosecutor from filing a criminal case against you in court. Once you are on probation, the Court has continuing or active authority over you and can file a probation violation at any time during your probationary period.
What is the Statute of Limitations for a “Wobbler” Offense Filed in California?
Under California law, “wobbler” offenses are offenses that may be prosecuted as either a felony or a misdemeanor. If the prosecution has filed the case as a felony, the felony statute of limitations applies to the case. If the court subsequently reduces the charge to a misdemeanor under California Penal Code § 17(b), the original felony statute of limitations applies to the validity of the initial felony filing.
When a Suspect is Incarcerated in Another State, Does the California Statute of Limitations Continue to Operate?
Yes. Under California Penal Code § 803(d), when a defendant is not physically within California, the statute of limitations is tolled on account of the time period when the defendant is outside of this state. The total time period of the tolling is three years, regardless of whether the defendant left California voluntarily or as a result of an out-of-state incarceration.
