What Is the Statute of Limitations on a Felony in California?
California Penal Code Statute of Limitations Explained
If you are suspected of committing a felony in California, the prosecutor does not have unlimited time to file charges.
California law sets strict time limits, known as statutes of limitations, that determine how long the government has to bring a criminal case.
In most felony cases, the statute of limitations is three years. However, more serious offenses have longer time limits, and certain crimes — including murder — have no statute of limitations at all.
Understanding these deadlines can be critical to your defense.
The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help.
Schedule your consultation using the contact form or call us at (424) 372-3112.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum time after an alleged offense within which prosecutors must file criminal charges.
In criminal cases, statutes of limitations serve important purposes:
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Preserve evidence while it is still reliable
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Ensure witness memories remain fresh
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Prevent unfair prosecution for decades-old allegations
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Protect defendants' constitutional rights
If the prosecution files charges after the statute of limitations expires, your attorney can file a motion to dismiss the case.
What Is the General Statute of Limitations for Felonies in California?
Under California Penal Code Section 801, the general rule is:
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Three years for most felony offenses
This three-year deadline applies unless another statute provides a longer period.
When Is the Statute of Limitations Six Years?
Under California Penal Code Section 800, the statute of limitations is extended to six years if the felony is punishable by eight years or more in state prison.
Examples may include:
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Some aggravated assault charges
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Arson in specified circumstances
The potential maximum penalty determines whether the six-year rule applies.
Are There Felonies With No Statute of Limitations?
Yes.
Under California Penal Code Section 799, there is no statute of limitations for crimes punishable by:
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Death
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Life imprisonment
Examples include:
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Murder under California Penal Code Section 187
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Certain sex crimes against minors
For these offenses, prosecutors can file charges at any time.
When Does the Statute of Limitations Begin?
California applies the discovery rule.
This means the statute of limitations begins when:
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The crime is discovered, or
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The crime reasonably should have been discovered
The discovery rule prevents defendants from benefiting if the offense was concealed.
However, it also creates litigation opportunities if the prosecution delays filing charges without justification.
What Does “Tolling” Mean?
“Tolling” means the statute of limitations is temporarily suspended.
Common tolling situations include:
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The defendant leaves the state
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The crime was not reasonably discoverable
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The defendant is hiding to avoid prosecution
When tolling applies, prosecutors may gain additional time to file charges.
Can Charges Be Dismissed If the Statute of Limitations Has Expired?
Yes.
If prosecutors file charges after the statute of limitations has passed, your defense attorney can file a motion to dismiss the case.
If successful, the case may be thrown out entirely.
The statute of limitations is not automatic. It must be raised as a defense.
How Defense Attorneys Challenge the Timeline
An experienced criminal defense attorney may:
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Examine when the alleged offense actually occurred
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Analyze when the prosecution claims the offense was discovered
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Challenge whether the discovery was “reasonable”
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Argue the offense does not qualify for the six-year extension
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Dispute tolling claims
For example:
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If prosecutors claim the crime was discovered years later, your attorney may argue it should have been discovered earlier
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If the prosecution seeks to apply the six-year rule, your attorney may argue the offense does not carry an eight-year maximum penalty
Strategic timeline analysis can make the difference between prosecution and dismissal.
Why the Statute of Limitations Exists
The statute of limitations protects fairness in the legal system.
As time passes:
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Witnesses relocate
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Memories fade
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Physical evidence deteriorates
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Documents disappear
The law recognizes that defending against decades-old accusations becomes increasingly difficult.
Statutes of limitations help maintain balance between the state's power and the rights of the accused.
Frequently Asked Questions
What is the statute of limitations for a felony in California?
Generally three years. However, it becomes six years for felonies punishable by eight years or more in prison, and there is no statute of limitations for crimes punishable by death or life imprisonment.
Is the statute of limitations one year for misdemeanors?
Yes. Most misdemeanors in California have a one-year statute of limitations.
Can a felony be charged after three years?
Yes, if it qualifies under the six-year rule, is not subject to a statute of limitations, or is tolled.
Does the statute of limitations start when the crime happened?
Not always. Under the discovery rule, it may begin when the offense was discovered or reasonably should have been discovered.
Can I get charges dismissed if the deadline passed?
Possibly. If the statute of limitations expired before charges were filed, your attorney can file a motion to dismiss.
Speak With a Los Angeles Criminal Defense Attorney
If you are under investigation or have been charged with a felony, timing matters. A careful review of the statute of limitations could determine whether the case proceeds or is dismissed.
Cron, Israels & Stark is based in Los Angeles and represents clients in serious felony matters throughout California.
To schedule a confidential consultation, call (424) 372-3112 or use the contact form to discuss your case.