California Criminal Statutes of Limitations

List of criminal statutes of limitations in California

A statute of limitations defines the time frame within which legal proceedings must be initiated for a criminal offense. This concept serves to uphold the defendant’s rights while also motivating prosecutors to handle cases promptly. 

The length of the statute of limitations is determined by the severity of the crime’s maximum potential penalty. For instance, felonies, which carry more severe penalties than misdemeanors, have a longer statute of limitations. Certain grave offenses, like those warranting death or life imprisonment, are exempt from any statute of limitations, allowing charges to be filed irrespective of the time elapsed since the offense. 

If you have specific questions about how California’s statutes of limitations apply to your case, it’s best to speak directly with a skilled criminal defense attorney. Contact the Helfend Law Group today to discuss your case.

California offense and filing-period lookup

Offense or category	Ordinary starting rule	Important qualification
Murder, PC 187	No limitation, PC 799(a)	The prosecution still must prove the charge; delay does not establish guilt.
Voluntary manslaughter, PC 192(a)	Six years, PC 800	Maximum term is 11 years.
Involuntary manslaughter, PC 192(b)	Three years, PC 801	Maximum term is four years.
Felony criminal threats, PC 422	Three years, PC 801	Check the precise charge and any tolling.
Ordinary misdemeanor DUI, VC 23152	Generally one year, PC 802	A felony or separately charged offense requires its own rule.
Listed fraud or fiduciary offenses, PC 803(c)	Four years after discovery or completion, whichever is later, PC 801.5	Discovery is a statutory exception, not the rule for all offenses.
Listed sex offenses, PC 799(b)	No limitation for qualifying offenses	Applies to conduct from January 1, 2017, and earlier offenses whose period had not expired then.
Other listed felony sex offenses against a minor, PC 801.1(a)	Before the victim’s 40th birthday	Effective-date and previously unexpired-period conditions apply.
Other registerable felony sex offenses, PC 801.1(b)	10 years	Applies when the specified no-limit and minor-victim rules do not.

This is a starting-point lookup, not a deadline calculator. The charging subsection, conduct date, maximum punishment and statutory exceptions must be reviewed. See the focused sex-crime and homicide limitation guides.

What is a statute of limitations?

An expired limitation period can bar commencement of prosecution unless a valid statutory provision applies. Whether prosecution began in time is defined by PC 804; an active case or warrant may persist long after a prosecution was timely commenced. The following events are not all interchangeable:

• A qualifying arrest or bench warrant can commence prosecution under PC 804 when it identifies the defendant with the required particularity. A later warrant in a timely commenced case is not automatically barred.
• The suspect to be arraigned on a felony complaint
• The district attorney to file information or indictment
• The district attorney to file misdemeanor charges

As we mentioned above, the length of a statute of limitations depends on the severity of the offense. 

What is the purpose of statutes of limitations?

Statutes of limitations exist to defend the rights of defendants and to motivate prosecutors to work quickly in investigating a case. The more time that passes between the date of an alleged crime and when it is prosecuted, the greater the likelihood that evidence will deteriorate or disappear and the memories of victims, witnesses, or other people involved will change or fade. 

There is also a greater likelihood that exonerating evidence that could be used by the defendant will disappear or degrade. 

The statute of limitations helps to ensure that the legal process is fair to the defendant. By limiting the window of time in which legal proceedings may take place, it doesn’t become unreasonably difficult for the accused to defend themselves due to loss of evidence.  

California’s discovery rule

The ordinary clock generally runs from commission of the offense. California has specific discovery rules, including PC 803(c) for listed fraud, fiduciary and other offenses; there is no universal rule postponing every criminal deadline until police discover the crime.

Example: an ordinary misdemeanor theft committed October 2 does not automatically acquire a later starting date merely because police receive a report October 15. A qualifying offense under PC 803(c), however, requires its specific discovery analysis and the PC 801.5 four-year rule.

Criminal statutes of limitations in California

Most information on statutes of limitations in the state of California can be found in California Penal Codes 799-802. Individual penal codes address statutes of limitations as they pertain to specific crimes. 

Statutes of limitations generally range from one year for many less serious misdemeanors to three to ten years for many felonies. Additionally, some violations of Business and Professions Codes have statutes of limitations that range from one to four years. 

The length of the statute of limitations for any crime is based on the maximum penalties associated with that crime. Crimes that are punishable by death or life imprisonment have no statute of limitations and may be charged or prosecuted at any time.  

Below is a bit more information on penal codes associated with one-year, three-year, six-year, and ten-year statutes of limitations and crimes with no limitation. 

One-year limitation

Under California Penal Code 802(a), misdemeanor offenses that aren’t punishable imprisonment in California state prison carry a statute of limitations of one year. Some examples include:

• Petty theft – Penal Code 484 PC 
• Trespassing – Penal Code 602 PC
• Driving on a suspended license – Vehicle code 14601 VC
• Driving under the influence – Vehicle Code 23152 VC 
• Hit and run – Vehicle Code 20002 VC

Three-year limitation

Many crimes that are punishable by a prison sentence of fewer than eight years fall under California Penal Code 801 PC and carry a three-year statute of limitations. Examples include:

• Burglary – Penal Code 459 PC 
• A fraud or fiduciary offense may instead come under PC 803(c) and PC 801.5: four years after discovery or completion, whichever is later. Embezzlement should not be assigned a universal three-year period.
• Assault with a deadly weapon – Penal Code 245 PC 
• Criminal threats – Penal Code 422 PC 

Six-year limitation

Under PC 800, an offense punishable by eight years or more generally has a six-year period unless PC 799 or another specific rule applies. PC 799 concerns no-limit offenses; it is not the source of the six-year rule.

• Arson – Penal Code 451 PC 
• Carjacking – Penal Code 215 PC 
• First-degree robbery – Penal Code 211 PC 
• Gross vehicular manslaughter while intoxicated, Penal Code 191.5(a) PC

Ten-year limitation

PC 801.1(b) sets a 10-year period for registerable felony offenses when PC 801.1(a)’s minor-victim rule and PC 799(b)’s no-limit rule do not apply. Registration alone does not establish a single deadline for every sex offense.

• Use of a minor in the production of child pornography, Penal Code 311.4(b) PC

PC 803(f) and (g) contain specific delayed-report and DNA routes. They have prerequisites, dates and corroboration or testing requirements; a new report or new DNA evidence does not automatically revive every expired charge.

No statute of limitations 

Crimes that have no statute of limitations, under California Penal Code 799 PC, generally fall into three categories:

1. Offenses punishable by life in prison
2. Offenses punishable by death
3. Embezzlement of public funds

Examples include:

• Murder – Penal Code 187 PC 
• Rape – Penal Code 261 PC 
• Kidnapping punishable by life, such as specified PC 209 offenses, has no limit under PC 799(a). Basic PC 207 kidnapping does not acquire that rule simply because it is called kidnapping.
• Treason, Penal Code 37 PC

Statutes of limitations for ‘wobblers’

“Wobblers” are crimes that can be prosecuted as either a misdemeanor or a felony, depending on the facts of the case and the defendant’s criminal history. 

For a wobbler, PC 805 generally uses the maximum punishment for the offense rather than the ultimate misdemeanor treatment. The applicable period is not always three years; the maximum and any specific statute must be checked, without adding sentencing enhancements to determine that maximum.

Frequently asked questions

Below are answers to some of the most frequently asked questions about statutes of limitations. 

What if I get charged with a crime after the statute of limitations has passed?

Counsel can raise the limitation issue through the procedure appropriate to the charge and record. A demurrer may be appropriate when the defect appears on the pleading; disputes involving dates or tolling can require additional factual analysis.

Can the statute of limitations pause?

The statute of limitations can pause for up to three years if a suspect in a criminal case is out of state. This pause is also sometimes referred to as a “toll” or “suspension.”

California criminal defense attorney

If you’ve recently been accused of a past crime, it is possible that the statute of limitations has already passed. If the statute of limitations on your charges has been violated by the prosecutor, your attorney can file a motion to have your charges dropped on your behalf. A California criminal defense lawyer can examine the facts of your case and determine the best course of action to defend your rights and find you the most favorable outcome.

Robert M. Helfend has practiced criminal defense since 1984. A review should identify the exact subsection, alleged conduct dates, prosecution-commencement event and any claimed tolling before concluding that a case is timely or barred.

Published October 20, 2023.

What dates determine whether a prosecution is timely?

• The alleged offense date or completion date for each count.
• Any applicable statutory discovery event and who discovered the offense.
• The indictment, information, qualifying complaint certification or warrant event under PC 804.
• Periods of pending prosecution for the same conduct and time outside California, subject to PC 803’s rules.
• For sex offenses, the victim’s age, the governing transition date, report date and any relevant DNA testing dates.

An investigation alone does not generally toll a deadline. Counsel should build a documented timeline and identify the exact statute authorizing any extension.

Sources and legal standards

• No-limit offenses: Penal Code 799
• Six-year rule: Penal Code 800
• General felony rule: Penal Code 801
• Sex-offense periods: Penal Code 801.1
• Discovery offenses: Penal Code 801.5
• Misdemeanors: Penal Code 802
• Tolling: Penal Code 803
• Commencement: Penal Code 804
• Maximum punishment: Penal Code 805

Legal information checked October 10, 2026. The charge, evidence and applicable version of the law control the analysis of an individual case.

References

1. California Penal Code § 799. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=799.&lawCode=PEN
2. California Penal Code § 800. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=800.
3. 18 U.S. Code § 1341 – Frauds and swindles. https://www.law.cornell.edu/uscode/text/18/1341