Statute of Limitations for Felony Crimes in California
A statute of limitations (SOL) is the period during which the district attorney (DA) can file charges against you if they suspect you of committing the crime. Once this deadline passes, the DA can no longer prosecute you.
Prosecution is when the DA either files an information or indictment, files a complaint charging a misdemeanor, arraigns on a felony complaint, or the judge issues an arrest warrant or bench warrant for you. The purpose of statutes of limitations is to encourage prosecutors to investigate matters promptly before memories fade and potential trial exhibits are lost.
Waiting a long time to bring criminal charges also unfairly prejudices you, especially if you no longer have access to evidence that could exonerate you. In California, the statute of limitations for most felonies is three years. However, for felonies punishable by eight years or more in prison, the statute of limitations is extended to six years. There are also exceptions, such as murder, where there is no statute of limitations.
Simply put, California law generally imposes a three-year statute of limitations for most felonies. This means that prosecutors typically have three years from the date of the crime to file charges. Certain felony sex offenses, especially those involving minors, may have no statute of limitations or may extend until the victim's 40th birthday.
Other exceptions may exist based on the specific nature of the crime. For example, crimes against the elderly or dependent adults may have a five-year statute of limitations.
In some cases, statutes of limitations are 'tolled', which means the time limit for prosecution is effectively extended. For instance, if the defendant is out of state or the crime was not discovered immediately, the statute of limitations may be tolled, allowing the prosecutor additional time to file a case against the individual.
CA Penal Code 801 PC
California Penal Code 801 PC establishes a general statute of limitations for felony offenses, mandating that prosecution must commence within three years of the offense being committed. This rule applies to a wide range of felonies, ensuring that charges are brought while evidence remains viable.
Under California's discovery rule, the statute of limitations begins to run from the date the alleged crime is discovered, or should have been discovered reasonably, rather than from the date it occurred. This rule, designed to ensure fairness, takes into account the circumstances of the crime, providing a sense of integrity to the statute of limitations and reassurance to the audience.
Some common examples of California felonies with a three-year statute of limitations include the following:
- Burglary (459 PC)
- Assault with a deadly weapon (245(a)(1) PC)
- Drug sales (11352 HS)
- Grand theft (487 PC)
Some examples of California felonies with a six-year statute of limitations include the following:
- Arson of an inhabited structure (451 PC)
- Robbery of first-degree robbery (211 PC)
- Gross vehicular manslaughter (191.5(a)PC)
There is a five-year statute of limitations for corporal injury on spouse or cohabitant (273.5 PC). There is a ten-year statute of limitations for the following crimes:
- Most felony sex crimes that require sex offender registration
- Use of a minor in producing child pornography (311.4(b) PC)
- Failing to register as a sex offender (290 PC)
Exceptions to the Rule
While the three-year limitation is standard, there are exceptions designed to address the severity and complexity of certain crimes:
- Offenses with Maximum Penalties of Eight Years or More. Under PC 800, the statute of limitations extends to six years for felonies that carry a maximum penalty of eight years or more. Common crimes include assault with a deadly weapon.
- Offenses Punishable by Death or Life Imprisonment. In cases involving the most severe penalties, such as life imprisonment, there is no statute of limitations (Penal Code Section 799). Some examples include murder and sex offenses against children. These crimes can be prosecuted at any time, regardless of when they occurred.
Role of a Criminal Defense Lawyer
If you are suspected of or charged with a felony in California, the statute of limitations could play a pivotal role in your defense. This is where the expertise of our skilled California criminal defense attorneys comes into play. We can examine the timeline of the alleged offense and compare it with the date on which charges were filed.
If the prosecution has missed the applicable deadline, we can file a motion to dismiss the case entirely on the grounds that the statute of limitations has expired. This is just one of the strategies we can use to exploit the statute of limitations in your defense. Other strategies include arguing that there was no reasonable discovery or presenting evidence that the alleged victim discovered the crime later than was reasonable or failed to report it within a reasonable timeframe.
Perhaps we can argue that there is no reasonable discovery. Under California's discovery law, the statute of limitations begins when the crime is discovered or should have been reasonably discovered.
We may be able to present evidence to argue that the alleged victim discovered the crime later than was reasonable or failed to report it within a reasonable timeframe. If successful, this argument could potentially roll back the clock to a date outside the statute of limitations, rendering the charges invalid.
Perhaps we can negotiate for reduced charges. In cases where the penalty for the crime could exceed eight years, the statute of limitations is doubled from three to six years. Based on the circumstances of your case, we may argue that the alleged offense doesn't meet the criteria for a prison sentence of 8 years or more. If successful, this could put your alleged offense outside the statute of limitations, giving you hope for a favorable outcome.
For more information and to ensure you are fully informed and prepared, contact our criminal defense lawyers at the Hedding Law Firm, located in Los Angeles, CA. We believe that being fully informed and prepared is empowering, and we are here to help you achieve that.
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