In California, the district attorney has 3 or more years to file a felony charge. The exact number will depend on the felony offense. Some serious felonies have a 6-year criminal statute of limitations. Severe sex offenses often have a 10-year window for charges to be filed. For the most severe felonies, California district attorneys can file charges at any time.
What is the general criminal statute of limitations for felonies in California?
Generally, California district attorneys have to file felony charges within 3 years of the offense.[1] Unless otherwise specified by state criminal law, this is the criminal statute of limitations for felony offenses.
If the district attorney files charges after the statute of limitations has expired, your criminal defense lawyer can file a motion to dismiss them.
What types of criminal cases can be charged after more than 3 years?
There are numerous exceptions to the 3-year rule for filing felony charges. Certain felony offenses can be filed up to 10 years after the commission of the offense.
Charges with a 4-year statute of limitations
The following felony offenses have a 4-year window for charges to be filed:
- fraud,
- misconduct by a public official or employee, and
- theft, fraud, embezzlement, or breach of trust involving elderly or dependent adults.[2]
These offenses often go some time before they are detected. Because of this, the discovery rule is often applied in these cases. This tolls, or delays, the beginning of the statute of limitations until the crime has been discovered, or when it reasonably should have been discovered.
Charges with a 5-year statute of limitations
Other felony offenses in California can be charged within 5 years of the commission of the crime. These include:
- offenses involving elderly or dependent adults, other than theft or embezzlement,[3]
- a mandatory reporter failing to report a sexual assault,[4] and
- causing a corporal injury to a spouse or cohabitant (Penal Code 273.5 PC) in a domestic violence case.[5]
Charges with a 6-year statute of limitations
If the felony offense carries 8 or more years in prison, district attorneys have up to 6 years to file charges.[6] This amount of time applies for offenses like:
- first-degree robbery (Penal Code 211 PC),
- arson of an inhabited structure (Penal Code 451 PC), and
- gross vehicular manslaughter while intoxicated (Penal Code 191.5(a) PC) or driving under the influence (DUI).
Charges with a 10-year statute of limitations
Many sex offenses have a 10-year window for California district attorneys to file charges. These include:
- failing to register as a sex offender (Penal Code 290 PC),[7]
- using a minor to produce child pornography (Penal Code 311.4(b) PC),[8] and
- most other felony sex offenses that require sex offender registration.
However, many sex offenses where the victim was a child can be filed after the 10-year window has expired.
What about for sex offenses involving children?
If the victim of a sex offense was under 18 years old, the district attorney can file charges at any point before the victim’s 40th birthday.[9] Additionally, a 1-year time limit to press charges opens if:
- the alleged victim, of any age, reports the offense to a police officer or other law enforcement officer, or creates a police report of the allegation,
- the otherwise applicable statute of limitation has expired,
- the offense involved substantial sexual conduct, and
- there is enough evidence from independent sources that corroborate the allegation.[10]
When does this period of time start to run?
Generally, the window for the district attorney to file charges begins to run upon the commission of the alleged offense. However, there are a few circumstances that can delay when the clock starts or put a pause on its progress:
- the discovery rule delays the start of the window to file charges until the offense has been discovered or reasonably should have been discovered,[11] while
- the statute of limitations gets paused for up to 3 years if you are outside of California.[12]
What offenses can be charged at any time?
Certain felony offenses can be charged at any time after their commission in California. These include:
- any offense that carries the death penalty or a life sentence, with or without the possibility of parole,
- embezzling public money,
- certain rape offenses (Penal Code 261 PC),
- aiding or abetting rape (Penal Code 264.1 PC),
- certain acts of sodomy (Penal Code 286 PC),
- many cases of oral copulation (Penal Code 287 PC),
- lewd or lascivious acts with children (Penal Code 288 PC) involving substantial sexual conduct,
- continuous sexual abuse of a child (Penal Code 288.5 PC), and
- penetration with a foreign object (Penal Code 289 PC).[13]
However, the lack of a statute of limitations for these offenses only applies if:
- they were committed in 2017 or later, or
- the applicable statute of limitations had not expired on January 1, 2017.[14]
If it does apply, the district attorney’s office can file criminal charges whenever it wants.
What is a felony offense?
A felony crime is a type of crime that carries at least 1 year in state prison.
Less severe criminal offenses are misdemeanor crimes. There are also wobbler offenses that can be pursued as either felonies or as misdemeanors.
How can a criminal defense attorney help me?
A criminal defense attorney from a reputable law firm can help you invoke your rights under the statute of limitations. Our law office has found that a surprising number of cases involve complexities over whether it has expired or not. If it has, it can be a very strong defense to the criminal charges you are facing.
By establishing an attorney-client relationship with a defense attorney and getting their legal advice before the arraignment, you can raise your constitutional rights and protect yourself at every court date you have in the criminal justice system.
[1] California Penal Code 801 PC.
[2] California Penal Code sections 801.5 and 803(c) PC.
[3] California Penal Code 801.6 PC.
[4] California Penal Code 801.8 PC.
[5] California Penal Code 803.7 PC.
[6] California Penal Code 800 PC.
[7] California Penal Code 801.1 PC.
[8] California Penal Code 801.2 PC.
[9] California Penal Code 801.1(a)(1) PC.
[10] California Penal Code 803(f) PC.
[11] California Penal Code 803(c) PC.
[12] California Penal Code 803(d) PC.
[13] California Penal Code 799 PC.
[14] Same.
