What Is the Statute of Limitations For Murder in California?

A criminal statute of limitations is a deadline for starting legal proceedings after an alleged crime.

It works like a time limit. Once the statute of limitations expires, it’s no longer possible to bring criminal charges against a defendant.

Statutes of limitations vary by jurisdiction and the seriousness of the offense.

For example, in shoplifting cases, prosecutors have one year to press charges against the defendant. In more serous cases, like first-degree robbery, the statute of limitations rises to six years.

What is the statute of limitations for murder in California?

In California, there is no statute of limitations for murder. This means that prosecutors can file charges against a defendant at any time, regardless of how many years have passed since the alleged crime occurred.

Why is there no time limit in murder cases?

Unlike less serious crimes, where evidence or witnesses may become unreliable over time, murder cases are considered so serious that the pursuit of justice remains a priority indefinitely.

This rule applies to all forms of murder, including first-degree murder, second-degree murder and cases involving special circumstances.

This also applies to felony murder, as it is treated as murder under the law. This means prosecutors can file charges for felony murder at any time, regardless of how much time has passed since the alleged crime occurred.

What are the statutes of limitations for other forms of homicide in California?

Before we get into the statutes of limitations for other forms of homicide, let’s quickly explain the difference between “murder” and “homicide” under California law.

Murder refers specifically to unlawful killings carried out with intent, premeditation or extreme recklessness. In contrast, homicide is a broader term that simply means the killing of one person by another, which can be lawful (e.g., self-defense) or unlawful.

For other unlawful forms of homicide, the statutes of limitations vary in California:

  • Voluntary Manslaughter – Six years. This applies to intentional killings committed in the heat of passion or under provocation.
  • Involuntary Manslaughter – Six years. Covers unintentional killings caused by reckless or negligent actions.
  • Vehicular Manslaughter – Six years for cases involving gross negligence. Lesser charges may have shorter statutes of limitations.
  • Gross Vehicular Manslaughter While Intoxicated – Six years. This form of vehicular manslaughter involves deaths caused by intoxicated drivers displaying gross negligence.
  • Assisted Suicide – Three years. While technically not a traditional homicide, aiding or encouraging suicide is a criminal offense with a shorter statute of limitations.
  • Negligent Homicide – Six years. Falls under Involuntary Manslaughter statutes, with a six-year limitation for filing charges.
  • Attempted Murder (not a homicide, but closely related) – No statute of limitations for attempted murder involving life sentences.

Factors that can extend these limitations periods

As we know:

  • All forms of murder in California do not have statutes of limitations, and
  • Other forms of homicide typically have three- or six-year limitations periods.

However, these limitations periods can be paused or extended due to special circumstances in the case. We’ll break down some common reasons below.

Tolling Factors

A tolling factor is a legal reason or circumstance that temporarily pauses (or “tolls”) the running of the statute of limitations for a crime. Essentially, it stops the clock on the time prosecutors have to file charges, and the limitation period resumes once the tolling condition ends.

  1. Defendant Not in the State – If the accused is out of California, the clock on the statute of limitations stops until they return to the state.
  2. Identity of the Suspect Unknown – For some crimes, if the identity of the suspect is unknown, the statute of limitations may not begin until the suspect is identified or could reasonably have been identified.
  3. Ongoing Investigation – For complex cases (e.g., involving conspiracy or organized crime), the statute may be tolled during an active investigation.

Aggravating Factors

An aggravating factor is a circumstance or element of a crime that increases its severity, leading to harsher penalties or influencing decisions like extending statutes of limitations or imposing stricter sentences.

Aggravating factors reflect the seriousness of the crime or the harm caused to victims.

  1. Discovery of New Evidence – In some cases, like DNA evidence discovered years after the crime, prosecutors may seek to file charges even after the limitation period would otherwise expire.
  2. Special Victims – Crimes involving children, public officials or law enforcement officers may have specific rules extending or eliminating statutes of limitations.
  3. Homicide-Adjacent Crimes – For crimes like attempted murder or conspiracy to commit murder, the timeline may reset or extend based on additional evidence or actions by the defendant.

If you or a loved one is facing charges for murder, manslaughter, or any other serious crime, don’t wait to seek legal help. With over 40 years of experience and a proven track record in criminal defense, the Helfend Law Group is ready to fight for your rights and build a strong defense on your behalf.

Time is critical, especially in complex legal cases. Contact the Helfend Law Group today at 800-834-6434 for your free consultation.

Published November 25, 2024.