By FindLaw Staff | Legally reviewed by Heidy Garcia, JD | Last reviewed September 10, 2020
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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 3-year statute of limitations, while misdemeanors are two to three years.
A statute of limitations is a time limitation for bringing a lawsuit. This limitation is often different for different types of lawsuits. The time limitation for a lawsuit for a breach of a contract may be different than the time limitation for a lawsuit based on a car crash. This changes for criminal cases as well. Minor crimes may have a shorter statute of limitations than major crimes, which may have no time limitation at all.
One main justification for a statute of limitations is the unfairness that a delayed trial may cause to the defendant.
For criminal law cases, the delay in prosecution can be especially prejudicial. In the time since the alleged crime and the prosecution, you may have lost evidence that would prove you did not 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 be lost with time.
It is important to note that the statutory period for bringing a case does not begin until the offense is discovered, or should have been discovered. As well, statutes of limitations change from state to state, and what is true for California may not be true for another state.
The following chart provides the basics of California criminal statute of limitations law, and a more in-depth summary follows.
| State | California. |
|---|---|
| Topic | Criminal Statute of Limitations. |
| Definition | The criminal statute of limitations is a time limit the state has for prosecuting a crime. Under California law, the statute of limitations depends on the severity of the crime you face, ranging from one year to no limit. |
| Code Sections | Penal Code sec. 799 et seq. |
| Felonies | Varies based on crime:
|
| Misdemeanors |
|
| Crimes in Which a Child Is a Victim |
|
| Acts During Which Statute Does Not Run | |
| Other |
|
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 law(s) you are researching.
If you have additional questions about California's criminal statute of limitations, click on the following links:
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 you have been charged with a crime, it is always a good idea to contact 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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