Statute of Limitations for Crimes in California with Sentences of 8 Years or More
If you are suspected of a crime in California, the state typically has a window of time in which to prosecute your case. For most crimes carrying maximum penalties of eight years or more, that window, or "statute of limitations," is six years.
If the prosecution takes too long to bring their case against you, this time limit may be breached, and your attorney may push for a dismissal of the charges per your rights under the law.
The statute of limitations sets forth maximum time limits for the government to file criminal charges in a case. In California, an easy general statute of limitations rules to remember are one year for a misdemeanor crime and three years for a felony crime.
The statute of limitations is six years if a felony offense is punishable by eight or more years in prison. Violent felony crimes normally have longer statutes of limitations, and some crimes, such as PC 187 murder, have no statute of limitations.
This means a prosecutor can file criminal charges for the alleged offense at any time. In some cases, statutes of limitations are 'tolled' (suspended), which allows the government additional time to bring a case against someone.
Tolling can occur, for example, if the accused is out of state or hiding or if new evidence, such as DNA, that was not previously available but is critical to the case emerges.
California laws set time limits for most criminal offenses, as well as various exceptions and tolling rules. If a prosecutor charges somebody with a crime after the applicable time has passed, they will be able to get the case dismissed.
The statute of limitations (SOL) is a crucial legal concept that safeguards the defendant's rights. It provides a sense of security as time elapses, vital evidence that could establish innocence may be lost. For instance, witnesses may have relocated or faded after several years.
The rationale is that it becomes harder to defend against charges as time passes. In other words, SOL exists to ensure fairness for a defendant and maintain the balance in the legal system, instilling confidence in the audience about the fairness of the system.
The Discovery Rule is a legal principle that determines when the statute of limitations begins. In simple terms, it means that the clock for the statute of limitations starts ticking when an offense is discovered, not when it occurred.
What is the "Statute of Limitations?"
The statute of limitations (SOL) is a law that sets the maximum period within which legal proceedings may be initiated after an alleged offense. This legal time frame ensures that cases are prosecuted while evidence is relatively fresh, thereby promoting fair trials.
Over time, witnesses may forget key details, physical evidence can deteriorate, and other factors may compromise a fair trial.
Statutes of limitations serve the dual purpose of promoting timely justice and preventing people from facing charges after an excessive period has passed. Once the statute of limitations expires, the accused can no longer be legally prosecuted for that specific crime.
California's Statute of Limitations for Serious Crimes
In California, crimes punishable by imprisonment in state prison for eight years or more are considered 'serious' or 'violent' felonies. These include crimes like murder, rape, and other sexual offenses (especially serious sex crimes against children). Under California Penal Code 800 PC, the statute of limitations for these crimes is six years.
This means that if charges are not filed within six years of the alleged crime's commission, the prosecution may be barred from proceeding.
Exceptions
While California's statute of limitations applies to most serious felonies, certain crimes are considered so grave that they are exempt from the statute of limitations.
Under Penal Code 799 PC, the state holds that justice should always be pursued in these cases, regardless of how much time has passed. Those offenses considered exempt from any statute of limitations include the following:
- Offenses Punishable by Death or Life Imprisonment: These include crimes like murder, rape, and other sexual offenses (especially serious sex crimes against children).
- Embezzlement of Public Funds: Embezzling public funds is also exempt from the statute of limitations. This is to protect public trust and ensure that individuals who misuse public funds can be held accountable at any time.
Special Circumstances
Beyond the straightforward application of the statute of limitations, some exceptions and extensions can impact its enforcement.
For instance, if new evidence emerges, such as DNA, that was not previously available but is critical to the case, the statute of limitations may be reconsidered.
Additionally, if the accused has been out of state or hiding, the time during which they were unavailable may not count towards the time frame listed in the statute of limitations.
How a Criminal Defense Attorney Can Help
Suppose you're under suspicion for an alleged crime where the statute of limitations has expired or is on the verge of expiring. In that case, you have the right under the law to challenge any potential charges and legally demand that the prosecution cease actions against you. This highlights the importance of legal representation, empowering the audience with the knowledge of their rights.
Here's how a California criminal defense attorney, a key ally in this situation, might approach this:
- Reviewing the Timeline of Events: An experienced criminal defense attorney will first assess the timeline of the alleged offense. They will look for the specific date the offense was allegedly committed and compare it to when charges were filed. If the prosecution has waited too long, the attorney can move to have the case dismissed based on the expiration of the statute of limitations.
- Filing a Motion to Dismiss: If the defense attorney finds that the statute of limitations has already expired, they will file a motion to dismiss the charges. This motion essentially argues that the defendant cannot be legally prosecuted because the prosecution missed the deadline to file charges. The court will review this motion, and if it finds that the statute of limitations indeed expired, it will likely dismiss the case.
- Arguing Lack of Evidence for Delayed Discovery: In some instances, the prosecution may claim that they only recently discovered the crime or evidence related to it. California law allows some flexibility in cases where the crime was discovered after the fact. However, a skilled attorney may argue that any delay in discovering the offense does not justify missing the statute of limitations.
- Preventing Prejudicial Prosecution: One of the core reasons for statutes of limitations is to protect defendants from facing charges after evidence has potentially degraded, witnesses' memories have faded, or key witnesses are no longer available. A defense attorney may argue that a delayed prosecution is prejudicial and undermines the defendant's right to a fair trial, further strengthening the case for dismissal.
For additional information, contact our California criminal defense law firm, Eisner Gorin LLP, based in Los Angeles.
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