What Are the Exceptions to the Statute of Limitations in California?

In a criminal case, the California statute of limitations refers to the maximum amount of time prosecutors have to file charges against a person. This post covers criminal cases only.

However, some crimes have longer periods or no limit at all. Attorney Blair Goss, a criminal lawyer in Sacramento, can help people accused of crimes by assessing their cases and guiding them on their legal options.

California Statute of Limitations for Criminal Defense Cases

Under the California Penal Code, there is a one-year statute of limitations on misdemeanor offenses and a three-year statute of limitations on felonies.

For most felonies, prosecutors must file charges within three years from when the crime was committed. Goss Law has answers to questions like What makes an assault a felony in California?

However, the statute of limitations varies for some criminal offenses, including the following:

• Sex offenses: Many felony sex offenses, including felony rape, sodomy, forcible oral copulation, continuous sexual abuse and specified lewd acts, now have no limitation period (Penal Code 799(b)). Other felony sex offenses have the periods set by Penal Code 801.1.
• Serious offenses: Some offenses that are punishable by a jail imprisonment term of eight years or more have a six-year statute of limitations.
• White-collar crimes: These are commonly referred to as non-violent crimes where the individual steals, takes, or appropriates money illegally. Some examples of white-collar crimes include fraud, embezzlement, forgery, bribery, and grand theft. The statute of limitations for these types of offenses is four years from the crime's discovery date.

What Are the Exceptions to the Statute of Limitations in California in a Criminal Case?

Although the Penal Code mentions the statute of limitations for different types of criminal offenses, there are some crimes that are exempt from it. This means that the government can prosecute these types of offenders at any time.

The exceptions to the statute of limitations in California in a criminal case include the following:

• Public funds embezzlement
• Many felony sex offenses, including felony rape (Penal Code 799(b))
• Murder and other offenses punishable by life imprisonment or death, including kidnapping offenses that carry a life term

Some related crimes do have limits. Voluntary manslaughter has a six-year period, involuntary manslaughter has a three-year period, and simple kidnapping (Penal Code 207) has a six-year period.

When Does the Time Start Under the California Statute of Limitations?

In a criminal case, the time generally starts to count when the crime is committed. For certain crimes, such as fraud, embezzlement and breach of fiduciary duty, the time starts when the crime is discovered (Penal Code 803(c)).

Goss Law can also explain what happens to first time felony offenders in California.

Schedule a Free Consultation with a Criminal Defense Attorney in Sacramento

Those who are facing criminal charges in Sacramento, California, can schedule a free consultation with attorney Blair Goss. He can help assess their case and provide legal guidance.