What You Need to Know About the Criminal Statute of Limitations in California
The deadline for filing a lawsuit is known as the statute of limitations. Here’s everything you need to know about the California criminal statute of limitations.
The criminal statute of limitation varies. Prosecutors must file a majority of criminal cases within a particular time frame. If a case goes beyond its statute of limitations, the legal claim may no longer be viable.
Common Criminal Statute of Limitations in California
You can refer to the California Penal Code for an extensive list of misdemeanors and felonies and their statute of limitation. Refer to the list below for common offenses and their statute.
- Arson (3 years, 6 years, or no time limit)
- Assault and battery (1, 3, or 6 years)
- Burglary (1 year, 3 years, or no time limit)
- False Imprisonment (1 year or 3 years)
- Manslaughter (1 year, 3 years, 6 years, or no time limit)
- Murder (no statute of limitations)
- Rape (no statute of limitations)
- Receiving Stolen Property (1 year or 3 years)
Related: Does Cheating Affect Alimony in California?
When does a criminal statute of limitation start in California?
The statute of limitations likely begins when the alleged crime has occurred. For example, if the statute of limitations for criminal assault is three years, the prosecution has three years from the day the defendant assaulted the victim to file a charge.
Can a statute of limitation in California pause?
California often suspends or tolls the statute of limitations for some time before starting again. When a defendant is a minor, is out of state or in prison, or deemed legally insane, tolling may occur. The statute of limitations begins to run anew if the tolling period expires (i.e., the minor turns 18, the defendant returns to California or gets released from jail, or the defendant is no longer legally insane). Tolling cases can be highly intricate, and you should consult a defense attorney for more information.
How do I find the Criminal Statute of Limitation for a specific crime?
You can find a table for California’s most common statute of limitations here.
Related: California Theft Laws: Types, Penalties, & Defenses
If you want to know about any specific crime and statute of limitation about your circumstance, including how to raise the statute-of-limitations argument, see an experienced criminal defense attorney.
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If you or a loved one would like to learn more about the California Criminal Statute of Limitations, get your free consultation with one of our Criminal Defense Attorneys in California today!