California gives prosecutors a fixed amount of time to file criminal charges, and that deadline depends on the maximum sentence the law allows for the offense. Most misdemeanors must be charged within one year and most felonies within three or six years. A short list of serious crimes, including murder, has no deadline at all.
The clock can also pause in certain situations, such as when the accused person leaves California or when a fraud goes undiscovered. That means the time since the alleged offense doesn’t always settle whether a charge is still valid.
At William S Kroger Criminal Defense Attorney At Law, we check the timeline in every case before we look at anything else. Our defense team brings more than 75 years of combined criminal defense experience and has handled over 10,000 criminal cases throughout California. A missed filing deadline is one of the cleanest ways to end a case, and we know where to look for one.
Read on to see the deadline for each offense level, the crimes that have no deadline, and the rules that stop the clock. If an old allegation is catching up with you, contact our Los Angeles office for a free confidential consultation.
What Is the Criminal Statute of Limitations in California?
A criminal statute of limitations is the deadline the state has to formally start a prosecution. Once that deadline passes, prosecutors generally lose the power to file charges for that offense, no matter how strong their evidence looks. Every statute of limitations California criminal courts apply comes from the Penal Code, starting at Penal Code 799.
These limits exist for practical reasons. Witnesses forget details, records disappear, and people deserve to move on instead of defending against stale accusations. Deadlines also push police and prosecutors to investigate while the evidence is still fresh.
The deadline is met only when the prosecution formally begins. An indictment is a formal charge issued by a grand jury, while an information is the felony charging document prosecutors file after a preliminary hearing. Under Penal Code 804, a prosecution begins when any of the following happens:
- An indictment or information is filed.
- A complaint charging a misdemeanor or infraction is filed.
- The defendant is arraigned on a felony complaint.
- An arrest or bench warrant is issued that names or specifically describes the defendant.
If none of these events happened before the deadline, the prosecution started too late.
California Statute of Limitations by Offense Level
California sorts most crimes into four time periods based on the maximum sentence the law allows. Under Penal Code 805, courts look at the highest sentence the statute permits, not the sentence the prosecutor requests or the judge imposes. Sentence enhancements, such as added time for using a weapon, do not count toward that maximum.
For example, if a charge carries up to three years in state prison and a weapon enhancement adds more time, the base offense still controls the deadline.
No Time Limit (Penal Code 799)
Under PC 799, prosecutors can file charges at any time for crimes punishable by death or life in state prison, including life without the possibility of parole. The same rule covers embezzlement of public money. Murder is the most familiar example, which is why the statute of limitations on murder in California never runs out.
This category also includes specific forcible sex offenses, such as rape by force and continuous sexual abuse of a child. That rule applies to crimes committed on or after January 1, 2017, and to older crimes whose prior deadline had not expired by that date. As a result, the statute of limitations for sexual assault in California depends heavily on the date of the alleged offense.
Six Years for Serious Felonies (Penal Code 800)
PC 800 gives prosecutors six years to file charges for any offense punishable by eight or more years in state prison. This category reaches serious felonies that fall short of a life sentence.
Voluntary manslaughter fits here because Penal Code 193 sets a maximum of 11 years in state prison. First-degree robbery of an inhabited dwelling also qualifies, with a maximum of nine years under Penal Code 213.
Three Years: The Statute of Limitations for a Felony in California (Penal Code 801)
For most other felonies, PC 801 sets a three-year deadline. That makes three years the standard statute of limitations for a felony in California when the maximum sentence is under eight years. Many burglary, drug sales, and felony assault cases fall into this group.
Wobblers deserve special attention. A wobbler is an offense prosecutors can file as either a felony or a misdemeanor. Because PC 805 measures the maximum possible sentence, a wobbler generally carries the three-year felony deadline even when it is filed as a misdemeanor.
One Year: The Misdemeanor Statute of Limitations (Penal Code 802)
Under PC 802(a), prosecutors generally have one year to file misdemeanor charges. Petty theft, simple assault, a first-offense DUI, and most other misdemeanors fall under this rule.
A few exceptions stretch the window. Misdemeanor annoying or molesting a child under 14 carries three years, and certain professional licensing and contractor offenses carry periods of up to four years. Outside those narrow categories, the misdemeanor statute of limitations makes a charge filed more than a year after the offense subject to dismissal.
What Crimes Have No Statute of Limitations in California?
People often ask what crimes have no statute of limitations, and in California the list is short. The common thread is the severity of the potential sentence. Crimes that fall into this category include the following:
- Murder: First-degree and second-degree murder both carry possible life sentences, so charges can be filed decades later.
- Other life-sentence offenses: Kidnapping for ransom and other crimes punishable by life in prison have no filing deadline.
- Embezzlement of public money: A person entrusted with government funds who takes them can be prosecuted at any time.
- Specified forcible sex offenses: Rape by force and the other offenses listed in PC 799(b) have no limit when the 2017 change applies.
- Treason: California law allows a death sentence for treason, so no deadline applies.
Each of these offenses shares one feature: The law either allows a death or life sentence or singles the crime out by name.
Many people assume manslaughter belongs on this list, but it does not. Voluntary manslaughter falls under the six-year rule, and involuntary manslaughter generally carries a three-year deadline under PC 801.
Time Limits for Common California Charges
The deadline for any specific charge comes from its maximum sentence, so similar conduct can carry different limits. Our team at William S Kroger Criminal Defense Attorney At Law handles these charges every week, and the filing date is always one of the first things we check.
Statute of Limitations on Theft
The statute of limitations on theft depends on the value and the type of theft. Petty theft under Penal Code 488 is a misdemeanor, so the one-year rule applies. Grand theft under Penal Code 487 is a wobbler, which gives prosecutors three years.
Theft involving fraud or a breach of trust can stretch further. For those offenses, PC 801.5 allows four years from the date the theft was discovered or completed, whichever is later. For example, a bookkeeper accused of skimming funds over several years could face charges four years after an audit uncovers the losses.
Statute of Limitations for Fraud in California
The statute of limitations for fraud in California follows the same discovery rule. Felony insurance fraud, welfare fraud, forgery, and other offenses with fraud as a core element are listed in PC 803(c). The four-year period under PC 801.5 then runs from discovery or completion, whichever comes later.
Prosecutors sometimes stretch the meaning of “discovery” to rescue an old case. We push back by showing that the company or agency had enough information to uncover the alleged fraud much earlier, which starts the clock sooner.
Statute of Limitations for Assault in California
The statute of limitations for assault in California turns on how the charge is filed. Simple assault under Penal Code 240 is a misdemeanor with a one-year deadline. Assault with a deadly weapon under Penal Code 245 is a wobbler with a maximum of four years in state prison, so the three-year rule applies.
Battery causing serious bodily injury under Penal Code 243(d) follows the same pattern. When prosecutors file an assault case more than three years after the incident, we demand proof of any tolling rule they rely on.
DUI Charges and the One-Year Deadline
A first-offense driving under the influence (DUI) charge under Vehicle Code 23152 is a misdemeanor, so prosecutors must file within one year. Most DUI cases are filed within weeks, but delays happen when blood test results take months to return from the lab.
A DUI causing injury under Vehicle Code 23153 is a wobbler, which brings the three-year felony deadline into play. Drivers with three or more prior DUI convictions within 10 years also face felony charges and the longer window.
When the Clock Starts and When It Stops
The California statute of limitations for crimes does not pause or extend for any reason unless the statute says so, according to PC 803(a). Prosecutors cannot simply ask a judge for more time. The statute does list several exceptions, and those exceptions decide many old cases.
The Discovery Rule
For the offenses listed in PC 803(c), the clock does not start on the date of the crime. It starts when the offense is discovered, which can be years later. This rule covers fraud, breach of a fiduciary duty (a legal duty to act in another person’s financial interest), theft or embezzlement from an elder or dependent adult, and misconduct by public officials.
The key question is who discovered what, and when. Courts generally look at when the reporting party or law enforcement knew, or reasonably should have known, that a crime occurred.
Tolling the Statute of Limitations
Tolling means pausing the statute of limitations clock. Under PC 803(d), time a person spends outside California does not count toward the deadline, but that pause cannot exceed three years. For example, a person who moves to Arizona one year after a three-year felony offense could face charges up to six years after the offense.
The clock also pauses while a prosecution for the same conduct is pending in a California court under PC 803(b). If a case is dismissed and refiled, we calculate exactly how much time the first case stopped the clock.
DNA Evidence and Delayed Reports
Two special rules can revive certain sex offense cases. Under PC 803(g), prosecutors may file within one year after DNA testing conclusively identifies a suspect in specified offenses that require sex offender registration. That rule only applies when the lab analyzed the biological evidence within strict time frames.
Under PC 803(f), a report by a person who says they were sexually abused as a minor can open a one-year filing window after the regular deadline expires. This exception to the statute of limitations for sexual assault in California requires independent evidence that corroborates the allegation, and inadmissible evidence cannot satisfy it.
How We Use the Statute of Limitations in Your Defense
Time limit challenges are some of the most technical issues in criminal law. In our Los Angeles practice, we review the timeline of every case before discussing anything else with the prosecution. Our review follows these steps:
- Pin down the offense date. We identify exactly when the alleged crime was completed, which matters most for ongoing schemes.
- Confirm the true maximum sentence. We set aside enhancements under PC 805 and identify the correct time period for each charge.
- Find the commencement date. We check when the complaint, indictment, or warrant was actually filed or issued under PC 804.
- Test every tolling claim. We demand proof of out-of-state time, discovery dates, and any prior pending case the prosecution relies on.
- File the right motion. If the deadline passed, we file a demurrer or motion to dismiss, which asks the court to throw out the time-barred charge.
A single date error in this process can turn a strong prosecution case into a dismissal.
Lesser charges get the same scrutiny. Under PC 805(b), a lesser included offense keeps its own shorter deadline, so a jury cannot convict you of an expired misdemeanor just because prosecutors filed a related felony on time. Every statute of limitations California criminal prosecutors face is a rule we hold them to, and we have obtained dismissals in serious felony matters by doing exactly that.
Frequently Asked Questions
Clients often ask us these questions about California’s criminal time limits.
Can I still be charged for a misdemeanor from two years ago in California?
Usually not, because the misdemeanor statute of limitations under PC 802 is one year. Wobblers and certain offenses involving children allow more time, so we confirm the charge category first.
Does an old arrest warrant stop the statute of limitations clock?
Yes, a warrant that names or specifically describes you commences the prosecution under PC 804. We still check whether it issued before the deadline and whether the delay since then violated your speedy trial rights.
Is there a statute of limitations on murder in California?
No, prosecutors can file murder charges at any time because murder carries a possible life sentence. We review decades-old evidence closely, since faded memories and lost records often weaken these cases.
What happens if prosecutors file charges after the deadline expires?
The court must dismiss the time-barred charge, and the defense can generally raise the issue at any stage. We typically challenge it early with a demurrer or motion to dismiss.
Does moving out of California pause the time limit?
Yes, PC 803(d) excludes time spent outside California, but the pause cannot exceed three years. We review travel and residence records to test the prosecution’s tolling claim.
Call William S. Kroger About the Criminal Statute of Limitations in California
If prosecutors are reaching back more than a year for a misdemeanor or three years for a felony, the deadline itself may be your strongest defense. William S Kroger Criminal Defense Attorney At Law reviews filing dates, tolling claims, and maximum sentences before we let a stale case move forward.
Our attorneys have handled over 10,000 criminal cases across California, and our firm has been recognized by Super Lawyers and the American Institute of Criminal Defense Attorneys. We explain each stage of the process in plain language, and we work with interpreters for Spanish-speaking clients.
Attorney William S. Kroger and our team offer a free case evaluation for anyone facing charges in Los Angeles and throughout Southern California. Call (323) 655 5700 today so we can check your timeline before your first court date.