How Long Does the State Have to File Charges? California’s Criminal Statute of Limitations, Explained

If you’re under investigation—or worried you could be—you probably want to know how long the state has to take action. In California, the criminal statute of limitations sets the clock on how long prosecutors have to file charges after a crime is committed.

But these time limits vary widely depending on the offense, and certain actions can pause or “toll” the clock altogether. Whether you’re facing a potential charge or simply trying to understand your rights, knowing how these deadlines work could make all the difference in your case.

What is the Statute of Limitations for Crimes in California?

The statute of limitations is a legal timeframe during which prosecutors must file criminal charges. Once this period expires, the state generally loses its right to prosecute, regardless of how strong the evidence might be.

This legal principle exists for several important reasons:

• Evidence deteriorates over time
• Witness memories fade
• Documents may be lost or destroyed
• Witnesses may become unavailable
• The accused deserves closure rather than perpetual fear of prosecution

California, like all states, has established specific time limits for different categories of crimes.

Time Limits for Different Criminal Offenses in California

The statute of limitations for crimes in California varies dramatically based on the offense’s severity:

Misdemeanors: Generally, One Year

For most misdemeanor offenses in California, prosecutors have one year from the date of the alleged crime to file charges. This includes common charges such as:

• Simple assault
• Petty theft
• Public intoxication
• Trespassing
• Driving with a suspended license

This relatively short timeframe means that prosecutors must act quickly to build their case for minor offenses.

Exceptions to the One-Year Misdemeanor Rule

Some misdemeanors have longer statutes of limitations in California:

• Misdemeanor child abuse: 3 years
• Misdemeanor DUI causing injury: 3 years
• Contributing to the delinquency of a minor: 3 years
• Violations of certain business regulations: 2-3 years

Felonies: Generally, Three Years

For most felonies in California, the statute of limitations is three years from the date of the alleged crime. This includes offenses such as:

• Grand theft
• Burglary
• Forgery
• Most drug crimes
• Non-violent felonies

Serious Felonies: Longer Timeframes

More serious felonies have longer statutes of limitations:

• Crimes punishable by eight or more years in prison: 6 years
• Fraud, embezzlement, or theft of public funds: 4 years
• Offenses involving child pornography: 10 years from the discovery of the crime
• Sex crimes against minors: Often until the victim’s 40th birthday
• Felony domestic violence: 5 years

No Time Limit: The Most Serious Offenses

Some crimes are so severe that California law places no time limit on prosecution. These include:

• Murder
• Kidnapping with intent to commit murder
• Treason
• Certain sex crimes involving force or violence
• Embezzlement of public funds

Prosecutors can file charges for these offenses at any time, even decades after the alleged crime occurred.

When Does the Clock Start Running?

Understanding when the statute of limitations begins is just as important as knowing how long it lasts. Generally, the clock starts ticking on the date the crime was allegedly committed. However, there are important exceptions:

The Discovery Rule

For certain crimes, particularly those involving fraud or misconduct that might not be immediately apparent, the statute of limitations may not begin until the crime is discovered. This applies to:

• Fraud
• Embezzlement
• Theft from an estate
• Misconduct by public officials

Tolling the Statute of Limitations

Certain circumstances can “toll” (pause) the statute of limitations clock:

• When the defendant is out of state
• While the defendant is a fugitive
• During related ongoing legal proceedings
• When the victim is a minor (for certain offenses)

This means the clock temporarily stops running during these periods, potentially extending the time prosecutors have to file charges.

Delayed Charges: What It Means When Charges Aren’t Filed Immediately

Many people assume that if they aren’t charged immediately after an arrest or investigation, they’re in the clear. This isn’t necessarily true, and understanding delayed charges is crucial.

Why Might Charges Be Delayed?

There are several legitimate reasons why prosecutors might wait to file charges:

1. Waiting for Test Results or Evidence Analysis

Scientific evidence often takes time to process:

• DNA testing can take months
• Blood alcohol test results may not be immediately available
• Drug identification requires laboratory analysis
• Fingerprint comparison is time-consuming

2. Continuing Investigation

Investigators may need additional time to:

• Interview more witnesses
• Gather documentary evidence
• Consult with experts
• Review surveillance footage

3. Case Review and Evaluation

Prosecutors often thoroughly review cases before filing charges to:

• Determine which charges are appropriate
• Assess the strength of the evidence
• Consider potential defenses
• Evaluate whether the case is worth pursuing

4. Resource Allocation

Limited prosecutorial resources mean that:

• High-priority cases may be processed first
• Less severe cases might be delayed
• Staff shortages can slow case processing

What Happens During the Pre-Charging Period?

The time between an arrest or investigation and the filing of formal charges is critical. During this period:

• You may be released from custody
• Evidence continues to be gathered
• The case may be reviewed by multiple prosecutors
• Decisions about charging are made
• The statute of limitations continues to run

The Value of Pre-Charging Representation

One of the most overlooked aspects of criminal defense is the importance of legal representation during the pre-charging period. Having an attorney during this time can be invaluable for several reasons:

Monitoring Case Status

An experienced attorney can:

• Check court calendars to see if charges have been filed
• Contact the District Attorney’s office for updates
• Determine when the statute of limitations will expire
• Keep you informed about developments in your case

Advocating with Prosecutors

Your attorney may be able to:

• Present exculpatory evidence before charges are filed
• Negotiate for reduced charges or alternatives to prosecution
• Convince prosecutors not to file charges at all
• Arrange for voluntary surrender if charges are filed

Protecting Your Rights During Investigation

Legal counsel can help you:

• Respond appropriately to police contact
• Decide whether to participate in interviews
• Understand your Miranda rights
• Avoid making statements that could harm your case

Preparing for Possible Charges

A lawyer can help you:

• Understand potential charges and penalties
• Begin gathering evidence for your defense
• Identify potential witnesses
• Prepare for the possibility of bail hearings

When the Statute of Limitations Expires

If the statute of limitations expires before charges are filed, you gain significant legal protection:

• Prosecutors are barred from filing charges
• Any pending charges must be dismissed
• You can raise the statute of limitations as a complete defense

In cases where charges are rejected or the statute expires, your attorney can also help with:

• Record sealing
• Arrest record cleanup
• Factual innocence motions
• Expungement options

Common Questions About California’s Criminal Statute of Limitations

Can the statute of limitations be extended?

In some circumstances, yes. The period may be extended if:

• New DNA evidence is discovered
• The defendant has left California
• The crime wasn’t discovered until later
• The victim was a minor
• The crime involves public funds or fraud

Does being arrested or investigated stop the clock?

No. The clock continues to run until formal charges are filed. An arrest or investigation alone doesn’t pause or reset the statute of limitations.

If I confess to a crime after the statute of limitations has expired, can I be charged?

Generally, no. Even with a confession, prosecutors cannot file charges for most crimes after the statute of limitations has expired. However, for crimes with no statute of limitations (like murder), a confession could lead to charges regardless of how much time has passed.

Do civil cases have different statutes of limitations?

Yes. Civil lawsuits (like personal injury claims or contract disputes) have different time limits than criminal cases. In California, most civil claims must be filed within 2-4 years, depending on the type of case.

Protecting Your Rights When Facing Potential Charges

Understanding the statute of limitations is just one aspect of protecting your rights when you’re under investigation or facing potential criminal charges. To fully protect yourself:

1. Consult with an attorney immediately – Even if charges haven’t been filed yet
2. Document everything – Keep records of all police interactions
3. Avoid discussing your case – Don’t talk about your situation with anyone except your attorney
4. Be aware of the relevant timelines – Know when the statute of limitations will expire
5. Consider pre-charging representation – Don’t wait until formal charges are filed to get legal help

Get Professional Help Understanding Statute of Limitations for Your Case

The statute of limitations for crimes in California is a complex area of law with numerous exceptions, extensions, and special circumstances. What applies in your specific situation depends on the details of your case.

At The Nieves Law Firm, we understand the nuances of California’s criminal statute of limitations and how these time limits might affect your case. Our experienced attorneys can help you determine:

• What statute of limitations applies to your situation
• When the time period began running
• Whether any exceptions or extensions apply
• How to use the statute of limitations as part of your defense
• What options you have if the statute has expired

If you or someone you care about is under investigation or concerned about potential criminal charges, don’t try to navigate these complex issues alone. Contact us today for a confidential consultation to discuss how California’s statute of limitations may affect your case and how we can help protect your rights and future.