California Criminal Statute of Limitations Laws

By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed April 23, 2025

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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 three-year statute of limitations, while misdemeanors have two to three years.

If someone has accused you of a crime, hire a criminal defense lawyer right away.

Statute of Limitations Basics

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.

Criminal cases 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.

Justifications for Statutes of Limitations

One main justification for a statute of limitations is the unfairness that a delayed trial may cause the defendant.

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, simple items like receipts, photos, or phone records may prove your innocence and can get lost with time.

California's Discovery Rule

It's important to note that the statutory period 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.

The following chart offers the basics of California criminal statute of limitations law.

Code sections

California Penal Code sec. 799 et seq.​
Felonies
  • Murder: No time limit.
  • Other offenses punishable by death: None.
  • Other offenses punishable by life imprisonment (with or without possibility of parole): None.
  • Embezzlement of public funds: None.
  • Offenses punishable by eight or more years in prison: Six years.
  • Offenses punishable by imprisonment of less than eight years: Three years.
  • Wobbler offenses: Varies based on whether the offense gets charged as a felony or misdemeanor.
  • Grand theft, DUI, aggravated kidnapping, and domestic violence: Generally fall under the three-year statute of limitations unless specifically extended by other factors.
  • Felony offenses involving sex crimes, child pornography, elder abuse, and other serious crimes: May be subject to longer statutes of limitations or no time limit. Crimes against elderly or dependent adults, and corporal injury to a spouse have a statute of limitations of five years. Most felony sex crimes that require sex offender registration have a statute of limitations of ten years.
Misdemeanor crimes
  • General misdemeanors: One year.
  • Misdemeanor violations committed on a minor under 14: Three years.
  • Sexual exploitation by a physician or therapist: Two years.
Crimes against children
  • Felony penetration of a victim under 18: Before the victim's 40th birthday.
  • Misdemeanor violations committed on a minor under 14: Three years.
Acts during which statute does not run

If the defendant is not in California when or after the offense gets committed: Maximum extension of three years.

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.

California Codes and Legal Research Options

More Resources

If you have more questions about California's criminal statute of limitations, click on the following links:

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 someone has charged you with a crime, it is always a good idea to get legal advice from a local criminal defense attorney to learn more about the charges you are facing and any defenses that may be available.

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