Statute of Limitations for Felony Offenses in California
If you're suspected of committing a crime in the State of California, prosecutors must abide by the statute of limitations in bringing charges against you. For felony offenses, this time window is typically three years, except for more serious crimes in which the time window is extended.
Should the state attempt to bring charges against you after this window has passed, your attorney will likely challenge the charges and seek to have them dismissed. This protection ensures that you are not unfairly prosecuted for a crime that occurred in the distant past, providing you with a sense of security in the legal process.
Simply put, if you are suspected of a crime, the state typically has a window of time in which to prosecute your case. For most felony crimes, the window is three years.
However, the window, or "statute of limitations," is six years for crimes carrying maximum penalties of eight years or more.
If the prosecution takes too long to bring their case against you, this time limit may be breached, and your criminal lawyer might push for a dismissal of the charges per your rights under the law.
In other words, the statute of limitations (SOL) sets forth the maximum time limit within which the government can file criminal charges.
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.
As noted, 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 SOLs, and some crimes, such as Penal Code 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), allowing the prosecutor additional time to file a case against someone.
For instance, if the defendant is out of the state or the crime was not discovered immediately, the statute of limitations may be tolled, effectively extending the time limit for prosecution. California laws set time limits for most criminal offenses, as well as various exceptions and tolling rules.
This means that the clock on the statute of limitations can be paused or delayed under certain circumstances, allowing the prosecution additional time to file charges.
If a prosecutor charges somebody with a crime after the applicable time has passed, they can dismiss the case. The statute of limitations (SOL) is a crucial legal concept that safeguards the defendant's rights.
Vital evidence that could establish innocence may be lost as time elapses. For instance, witnesses may have relocated or faded after several years. The statute of limitations exists to ensure fairness for a defendant and maintain the balance in the legal system, providing you with reassurance that the legal process is just.
It recognizes that it becomes harder to defend against charges as time passes and provides a crucial safeguard for your rights.
What is a Statute of Limitations?
A statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated.
In criminal cases, this timeline ensures that prosecutions occur in a timely manner, preserving the integrity of evidence and the reliability of witness testimony. It also protects individuals from the threat of indefinite legal action, a principle enshrined to uphold fairness in the justice system.
The rationale behind statutes of limitations is to encourage prompt and efficient legal processes. Over time, evidence can degrade, memories can fade, and witnesses may become unavailable. By imposing a deadline for filing charges, the law seeks to facilitate a fair trial, where evidence is fresh and the defense can adequately respond.
Statute of Limitations for Felonies (PC 801)
In 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's commission. This rule applies to a wide range of felonies, ensuring that charges are brought forth while evidence remains viable.
Under California's discovery rule, the clock starts ticking from the date the alleged crime is discovered, or should reasonably have been discovered, rather than when it occurred. This rule ensures that the statute of limitations is fair and takes into account the circumstances of the crime. For instance, if a crime is not immediately discovered due to the victim being in a coma, the statute of limitations would not start until the crime was reasonably discovered.
What are the Exceptions to the Rule?
While the three-year limitation is standard, there are notable exceptions designed to address the severity and complexity of certain crimes:
- Crimes 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. Crimes in this category are of a more serious or violent nature, such as arson or assault with a deadly weapon.
- Crimes Punishable by Death or Life Imprisonment: In cases involving the most severe penalties, death or life imprisonment, there is no statute of limitations (per PC 799). Examples include murder and sex offenses against children. These crimes, deemed too grave to be bound by time constraints, can be prosecuted at any point, regardless of when they occurred. (This exception also applies to the embezzlement of public money.)
Leveraging the Statute of Limitations in Criminal Defense
If you are suspected of or charged with a felony in California, the statute of limitations could play a pivotal role in your defense. With the right legal representation, you can leverage this legal concept to your advantage, empowering you in your legal battle.
A skilled California criminal defense attorney 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, your attorney can file a motion to dismiss the case entirely on the grounds that the statute of limitations has expired. Some strategies a good attorney might use in these cases include:
- No "reasonable discovery." Under California's discovery law, the statute of limitations begins when the crime was discovered or should have reasonably been discovered. For instance, if the alleged victim were in a coma for a year after the crime, it would not be reasonable to expect them to report the crime during that time. Your attorney may present evidence to argue that the alleged victim discovered the crime later than was reasonable or failed to report it within a reasonable amount of time. If successful, this argument could potentially roll the clock back to a date outside the statute of limitations, making the charges invalid.
- Reduced charges. In cases where the penalty for the crime could exceed 8 years, the statute of limitations is doubled from 3 to 6 years. Based on the circumstances of your case, your attorney might argue that the alleged offense doesn't meet the criteria for 8 years or more in prison. If successful, this could put your alleged offense outside the statute of limitations.
For more information, contact our Los Angeles criminal defense law firm, Eisner Gorin LLP.
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