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Last Modified on Dec 02, 2025
Familiarizing yourself with the criminal statute of limitations in California is very important if you are actively being investigated, faced with charges, or concerned about an old accusation that could resurface. California’s statutes of limitations establish how long prosecutors are able to file and pursue criminal charges. When a deadline expires, the state no longer has the legal ability to pursue the case.
At the Law Offices of Christopher J. McCann, APC, we can help you navigate through the complicated criminal timelines, deadlines for charging, and procedural standards to keep your rights safe every step of the way.
The Criminal Statute of Limitations: What Is It?
A statute of limitations establishes the maximum amount of time the government has to bring criminal charges. Its intent is to stop prosecutors from relying on no-longer-relevant evidence, weak memories, and unavailable witnesses.
In California, these limits of time vary depending on the severity of the alleged crime. Some offenses are required to be charged within one year, while aggravated felonies may enable multiple years or, in some cases, no time limit whatsoever.
Why It Matters
If the prosecution files and pursues charges after a deadline, the defense can then contest the case and move toward dismissal. Yet, establishing the proper time limit is not always so cut-and-dry. In California, the law includes:
- Differing deadlines for felonies and misdemeanors
- Allowances for crimes that involve minors
- Pausing the clock altogether in specific circumstances
- Prolonged time frames for DNA-based cases or crimes of a financial nature
In 2022, California had nearly 190,000 total filings of felonies. Of those cases, nearly 16,000 were acquitted or entirely dismissed. These statistics demonstrate the importance of an experienced defense attorney, who can examine precisely when your clock started, whether it’s been paused or not, and whether the prosecution failed to meet deadlines or not.
Hire a Criminal Defense Lawyer
Deciding to hire a criminal defense lawyer can help you determine whether the statute of limitations applies to your case. Additionally, they can spot potential arguments for tolling—or pausing—and contest any push by the prosecution to file charges following the legal deadline. Regardless of the nature of your charges or whether you’re actively facing them, securing qualified legal representation is vital.
The Law Offices of Christopher J. McCann, APC, has a wealth of experience traversing time-dependent criminal cases throughout the state of California.
Crimes Without Statute of Limitations
California removes the time limit for certain offenses, such as the following:
- Murder
- Embezzling public funds
- Specific crimes punished by life in prison
For offenses such as these, the prosecutors can file charges at whatever time they want. In 2023, LAPD noted a 14% decrease in the felony of homicides. In that same year, 75% of the geographic bureaus within LAPD noticed the specified decrease. Still, having proper legal aid is always essential.
Statute of Limitations for Felonies
Numerous felony cases can fall under one of the following rules in California for statute of limitations timeframes:
- Three years: Most felony crimes
- Four years: Crimes that include theft, fraud, and other financial crimes (these, under certain circumstances, can also be extended)
- Six years: Crimes that can be punished with eight years in prison
Statute of Limitations for Misdemeanors
In most misdemeanor cases, filings must be completed within one year, unless a certain statute prolongs the deadline.
Starting the Clock
Typically speaking, the statute of limitations starts when:
- An offense is committed
- An offense is uncovered in certain instances of financial crimes
- A victim reaches a specific age if the crime was committed against them as a minor
Due to this variance in ruling, the timeline of any case must be carefully studied. If time in court is required, cases are typically heard in buildings like the Metropolitan Courthouse, which is located at 1945 South Hill Street, Los Angeles, California, 90007.
FAQs
What Has a Seven-Year Statute of Limitations?
In California, specific felony financial crimes, such as theft, fraud, or embezzlement involving large amounts, can carry a seven-year statute of limitations under certain provisions of the Penal Code. Oftentimes, these rules are applicable when a crime is not immediately discovered, which allows more time for investigators to prove comprehensive financial misconduct of any kind.
What Is the Five-Year Statute of Limitations in California?
In California, some felonies of a non-violent nature and certain financial offenses can fall under a five-year filing deadline, depending on what statute applies to the case. Such a timeline can also be applicable when the crime involves numerous acts over a certain period of time. The precise deadline can vary depending on the charge and exactly how the law defines the behavior.
How Long Can a Felony Case Stay Open in California?
In California, once charges have been filed, a felony case can stay open for months to years until a resolution is reached. With that said, however, the prosecution is required to file the charges before the expiration of the statute of limitations. After everything has been filed, the timeline is dictated by the court’s schedule, motions, discovery, and preparation for trial.
Does a Felony Show Up on a Background Check After Seven Years in California?
California’s “seven-year rule” limits some consumer background checks from noting past convictions. Still, there are exceptions to this rule. Licensing agencies, law enforcement, and the court could still see felony records, no matter how old they are. Dismissal, expungement, or complete clearing of a record can help restrict access depending on the specifics of a situation.
The Law Offices of Christopher J. McCann, APC
If you or someone you know is facing charges or is concerned about the possibility of such, timing is crucial. The statute of limitations can be a commanding form of defense, but only if it’s conducted properly. Connect with The Law Offices of Christopher J. McCann, APC to meet with an experienced and skilled attorney and get a qualified advocate on your side and in front of your case.
