{"id":371767,"date":"2016-03-31T21:34:27","date_gmt":"2016-04-01T02:34:27","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-criminal-statute-of-limitations-laws.html"},"modified":"2025-04-23T14:52:14","modified_gmt":"2025-04-23T19:52:14","slug":"california-criminal-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-criminal-statute-of-limitations-laws.html","title":{"rendered":"California Criminal Statute of Limitations Laws"},"content":{"rendered":"\n
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California Criminal Statute of Limitations Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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<\/a>. But lesser felonies have a three-year statute of limitations, while misdemeanors have two to three years.<\/p>\r\n

If someone has accused you of a crime, hire a criminal defense lawyer<\/a> right away.<\/p>\r\n

Statute of Limitations Basics<\/b><\/h2>\r\n

A statute of limitations sets the maximum time you have to file a lawsuit or legal action. The clock starts ticking from the date of the act or incident that gave rise to the claim. This period can vary depending on the type of lawsuit. For example, the limitations period for breach of contract civil cases may differ from that for a car crash<\/a>.<\/p>\r\n

Criminal cases<\/a> also have varied statutes of limitations. Minor crimes may have a shorter timeframe, while major crimes could have longer statutes of limitations or none at all. Also, tolling provisions can pause the limitations period under specific circumstances, such as fraudulent concealment or the claimant’s incapacity, allowing you to file charges even after the initial deadline has passed.<\/p>\r\n

Justifications for Statutes of Limitations<\/b><\/h2>\r\n

One main justification for a statute of limitations is the unfairness that a delayed trial may cause the defendant.<\/p>\r\n

For criminal law cases, the delay in prosecution can be especially prejudicial. Since the alleged crime and the prosecution, you may have lost access to evidence proving you didn’t commit the crime. Although the prosecution still must prove you committed the crime beyond a reasonable doubt<\/a>, simple items like receipts, photos, or phone records may prove your innocence and can get lost with time.<\/p>\r\n

California’s Discovery Rule<\/b><\/h2>\r\n

It’s important to note that the statutory period<\/a> for bringing a case does not begin until the offense is discovered or should have been discovered. Also, statutes of limitations change from state to state, and what is true for California may not be true for another state.<\/p>\r\n

The following chart offers the basics of California criminal statute of limitations law.<\/p>\r\n\r\n
Code sections<\/th>\r\n

California Penal Code sec. 799 et seq.\u200b<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Felonies<\/th>\r\n
Misdemeanor crimes<\/th>\r\n
Crimes against children<\/th>\r\n
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  • Felony penetration of a victim under 18: Before the victim’s 40th birthday.<\/li>\r\n
  • Misdemeanor violations committed on a minor under 14: Three years.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Acts during which statute does not run<\/th>\r\n

If the defendant is not in California when or after the offense gets committed: Maximum extension of three years.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

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 laws you are researching.<\/i><\/p>\r\n

California Codes and Legal Research Options<\/b><\/h2>\r\n