If you think you might be under investigation, or you’ve heard that someone is considering filing charges over something that happened years ago, one of the first questions on your mind is probably: how long does the state actually have to file charges? In California, the answer depends on the crime. For most misdemeanors, prosecutors have one year. For most felonies, three years. For the most serious offenses, including murder and certain sex crimes, there is no deadline at all.
Below, we break down California’s statute of limitations rules, the exceptions that can extend the clock, your right to a speedy trial once charges are filed, and what to do if you believe charges against you were filed too late.
If you’ve been contacted by police or you believe a charge may be coming, talk to a Los Angeles criminal defense attorney before you do anything else. The decisions you make during a pre-filing investigation often matter more than what happens after charges are filed.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum time after a crime is alleged to have been committed during which the state can file charges. If the deadline passes and no charges have been filed, the prosecutor loses the ability to bring the case. If they file anyway, your attorney can ask the court to dismiss the charges.
The rules exist for good reasons. Evidence disappears. Memories fade. Witnesses move, die, or become unreachable. Forcing the state to act within a reasonable window protects defendants from having to defend against stale allegations they may have no realistic way to challenge.
California’s main statute of limitations rules are codified in Penal Code § 799 through 805.
California Statute of Limitations by Crime Type
Here are the default time limits under California law:
One year (most misdemeanors), Penal Code § 802
Applies to most misdemeanor offenses not punishable by state prison, including:
- DUI (Vehicle Code § 23152)
- Petty theft (Penal Code § 484)
- Misdemeanor hit and run (Vehicle Code § 20002)
- Simple drug possession (Health & Safety Code § 11350)
- Disorderly conduct (Penal Code § 647)
Three years (most felonies), Penal Code § 801
Applies to felony offenses punishable by less than eight years in state prison, including:
- Assault with a deadly weapon (Penal Code § 245)
- Grand theft (Penal Code § 487)
- Drug sales (Health & Safety Code § 11352)
- Many forgery and theft offenses
Five years, Penal Code § 803.7
Applies to felony domestic violence (Penal Code § 273.5, corporal injury to a spouse or cohabitant). This was extended from three years in 2020.
Six years (serious felonies), Penal Code § 800
Applies to felonies punishable by eight or more years in state prison, including:
- First-degree robbery (Penal Code § 211)
- Arson (Penal Code § 451)
- Vehicular manslaughter while intoxicated (Penal Code § 191.5)
Ten years, Penal Code § 801.1(b)
Applies to most felony sex offenses that require sex offender registration under Penal Code § 290 and were not covered by Senate Bill 813.
No statute of limitations, Penal Code § 799
Charges can be filed at any time, no matter how much time has passed, for:
- Murder (Penal Code § 187)
- Any offense punishable by death or life in prison without parole
- Embezzlement of public funds
- Most serious sex offenses involving force or a child victim (under Senate Bill 813 and subsequent amendments, covered below)
How “Wobbler” Offenses Are Treated
Some California crimes can be filed as either a misdemeanor or a felony, depending on the facts and the defendant’s history. These are called wobblers. Common examples include domestic violence, grand theft, commercial burglary, and certain DUI offenses.
Under Penal Code § 805, the statute of limitations for a wobbler is based on the maximum felony exposure, even if the prosecutor ultimately charges it as a misdemeanor. So a wobbler that carries a three-year felony exposure has a three-year statute of limitations regardless of how the charging document is eventually filed. To understand how this impacts the case strategy more broadly, see our overview of wobbler offenses and misdemeanor probation.
When the Clock Starts and When It Stops
The general rule is that the statute of limitations starts running on the day the crime was allegedly committed. But there are important exceptions.
The discovery rule (Penal Code § 803(c)). For certain offenses, the clock doesn’t start until the crime is discovered or reasonably should have been discovered. This applies to:
- Fraud and breach of fiduciary duty
- Theft or embezzlement from elderly or dependent adults
- Misconduct by a public official
For these crimes, prosecutors can sometimes file charges decades after the conduct occurred, as long as they act within the limitations period after discovery.
Tolling for absence from California (Penal Code § 803(d)). If a suspect leaves the state to avoid prosecution, the statute of limitations is paused for up to three years during that absence. This prevents people from running out the clock by crossing state lines.
Tolling during a pending prosecution. Once a charge is filed against you for a particular crime, the statute of limitations stops running on that same conduct.
DNA exception (Penal Code § 803). For certain sex crimes, prosecutors can file charges within one year after DNA evidence conclusively identifies a suspect, even if the original limitations period has expired, as long as specific corroboration requirements are met.
Crimes With No Statute of Limitations: SB 813 and Recent Updates
This is one of the biggest areas of change since the original 2018 version of this article. Senate Bill 813, which took effect on January 1, 2017, eliminated the statute of limitations for many serious felony sex offenses, including:
- Forcible rape (Penal Code § 261)
- Rape in concert (Penal Code § 264.1)
- Sodomy by force (Penal Code § 286)
- Forcible oral copulation (Penal Code § 287)
- Lewd or lascivious acts with a child (Penal Code § 288)
- Continuous sexual abuse of a child (Penal Code § 288.5)
- Forcible penetration with a foreign object (Penal Code § 289)
Importantly, SB 813 only applies to offenses committed on or after January 1, 2017, or to offenses where the prior statute of limitations had not yet expired as of that date. Older cases are governed by the law in effect at the time, because the U.S. Supreme Court ruled in Stogner v. California (2003) that reviving an already-expired statute of limitations is unconstitutional.
Assembly Bill 2295, which took effect January 1, 2025, further expanded the no-SOL framework for many of these same offenses committed on or after that date. The trend in California is clear: serious sex offenses are increasingly being treated as crimes that can be prosecuted at any time.
For offenses involving minor victims that don’t fall under SB 813’s no-limit rule, Penal Code § 801.1(a) allows prosecution any time before the victim’s 40th birthday.
Your Right to a Speedy Trial
The statute of limitations governs how long the state has to file charges. A separate set of rules, your right to a speedy trial, governs how quickly the case must move once charges are filed.
The Sixth Amendment of the U.S. Constitution and Article I, Section 15 of the California Constitution both guarantee defendants a right to a speedy trial. Under Penal Code § 1382, California translates that into specific deadlines:
- Misdemeanors: trial must begin within 30 days of arraignment if you’re in custody, or within 45 days if you’re out of custody.
- Felonies: trial must begin within 60 days of arraignment.
These deadlines can be extended if you waive your speedy trial rights, which is common when the defense needs more time to investigate, file motions, or negotiate. Your first court date is the arraignment, and that’s typically when the speedy trial clock starts. If you want a deeper look at the timeline from arrest through trial, see our guide on the right to a speedy trial.
If the state violates your speedy trial rights, the remedy is dismissal.
What Happens If Charges Are Filed Too Late?
If you believe charges were filed after the statute of limitations expired, your defense attorney can file a motion to dismiss. Before trial, the defense bears the burden of showing as a matter of law that the prosecution is time-barred. At trial, if the issue is raised, the prosecution must prove by a preponderance of the evidence that the case was filed within the limitations period.
The motion is often brought as a demurrer at or shortly after arraignment. Winning it ends the case entirely.
Frequently Asked Questions
What is the statute of limitations for a felony in California?
For most felonies, California’s statute of limitations is three years under Penal Code § 801. For serious felonies punishable by eight or more years in state prison (such as arson or first-degree robbery), the limitations period is six years under Penal Code § 800. Some felonies, including murder, kidnapping for ransom, and many serious sex crimes, have no statute of limitations at all.
What is the statute of limitations for a misdemeanor in California?
Most California misdemeanors carry a one-year statute of limitations under Penal Code § 802(a). This includes DUI, petty theft, simple drug possession, and most other common misdemeanor charges. A few misdemeanors have longer limitations periods, such as misdemeanor annoying or molesting a child under 14 (three years).
Is there a statute of limitations on murder in California?
No. Murder and any offense punishable by death or life in prison without the possibility of parole have no statute of limitations under Penal Code § 799. Charges can be filed at any time, regardless of how many years have passed since the alleged crime.
Can old sex crime charges be filed today in California?
It depends on when the alleged offense occurred and what the law was at the time. For offenses committed on or after January 1, 2017, Senate Bill 813 removed the statute of limitations for most serious felony sex crimes. For older offenses, the law in effect at the time of the alleged conduct usually controls, because the U.S. Constitution prohibits reviving an already-expired statute of limitations.
Does the statute of limitations pause if I leave California?
Yes, in many cases. Under Penal Code § 803(d), the limitations period can be tolled for up to three years if you leave the state to avoid prosecution. The clock pauses during your absence and resumes when you return.
What’s the difference between the statute of limitations and the right to a speedy trial?
The statute of limitations sets the deadline for the state to file charges in the first place. The right to a speedy trial sets the deadline for the state to bring you to trial after charges are filed. Both can be grounds to dismiss a case if violated, but they apply at different stages of the process.
What should I do if I think charges against me are time-barred?
Contact a criminal defense attorney immediately. If the statute of limitations has expired, your lawyer can file a motion to dismiss, often as a demurrer at or shortly after arraignment. Winning that motion ends the case entirely. Don’t try to raise this argument on your own. The rules involve fact-specific tolling and discovery questions that need legal analysis.
Talk to a Los Angeles Criminal Defense Attorney Today
California’s statute of limitations rules are detailed, and the exceptions matter as much as the headline numbers. If you’ve been contacted by law enforcement about an old incident, charged with a crime that allegedly happened years ago, or you simply want to know where you stand, the criminal defense attorneys at Manshoory Law Group can review your situation and tell you exactly what timeline applies.
Our team focuses exclusively on criminal defense, and we handle cases throughout Los Angeles, Orange County, and Southern California. Consultations are free, and flexible payment plans are available.
Call 877-977-7750 today or contact us online to speak with an attorney 24/7.