What You Need to Know About California Statute of Limitations on Theft
A statute of limitations is the maximum time following an event when legal action can take place. Here’s everything you need to know about the statute of limitations on theft in California.
One must file a lawsuit during the statute of limitations period, or else the case will never see the court. Even if a party has evidence for the case, the case will not advance to court after the statute of limitation expires.
Why does a statute of limitations apply?
Statutes of limitation ensure fairness in the legal system. Once the statute of limitations on a case runs out, the claim is no longer legally legitimate. Some crimes, such as murder, maybe too important where a statute of limitations no longer applies. Many types of cases have a statute of limitations, including personal injury, breach of a written contract, breach of an oral contract, property damage, claims against government agencies, and theft.
Related: Criminal Statutes of Limitations By State
Different Classifications of Theft in California
California classifies theft as a misdemeanor or a felony. Many different forms of theft exist, such as petty or grand theft. The statute of limitations varies depending on whether the theft is a felony or a misdemeanor.
Misdemeanor Theft
According to Penal Code 802, California will only prosecute theft as a misdemeanor up to one year after the incident occurred. An example of misdemeanor theft is petty theft, which means taking another’s a property without enacting major bodily force, harm, or using a deadly weapon.
Felony Theft
According to Penal Code 801, California will only prosecute theft as a felony theft up to three years after the incident. An example of felony theft is robbery. Following Penal Code 211, a robbery occurs by taking another’s personal property by use of fear or force.
Note the distinction between petty theft and robbery: petty theft does not involve the use of force or violence, whereas robbery does, thus upgrading its classification to a felony instead of a misdemeanor.
Crimes Without a Statute of Limitations
Some crimes do not have a statute of limitations because they may be too harmful. California defines this notion broadly. The court states prosecution for any kind of offense where the conviction would be death, life in prison without parole, or embezzlement of public money, can occur at any time without a statute of limitations. Prosecutors can press charges at any time they please regarding these instances.
Therefore, cases with more serious and potentially violent outcomes may not have the same statutes of limitations rules as other cases. Thus, most cases of theft will have a statute of limitation, as they do not fall under this classification.
Related: California Expungement: Sealing a Criminal Record
Tolling of the Statute of Limitations
In some cases, a statute of limitations can suspend for some time before beginning again; known as “tolling” the statute of limitation. Tolling cases can become complex.
Tolling would take place in many situations. For example, if the defendant is a minor when committing theft. Or, perhaps, the defendant is currently in prison or deemed insane. Tolling has an end period. When tolling ends, the statute of limitations will pick up again and continue to apply.
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If you or a loved one would like to learn more about the California Statute of Limitations on Theft, get your free consultation with one of our Criminal Defense Attorneys in California today!