The criminal statute of limitations for California varies depending on the type of crime, and some crimes, like murder, have no limits. Understanding how these statutes affect you is crucial to defending yourself effectively. California’s rules are complicated and detailed, so it is best to have experienced legal help to ensure you are not charged when too much time has passed.
When you or a loved one is facing criminal prosecution by the state of California, you need the help of a qualified Burbank criminal defense lawyer who will work tirelessly for you. The Simmrin Law Group believes everyone deserves the best legal representation available. We will listen to your story and examine all your options for the best outcome.
Explanation of Criminal Statute of Limitations
The statute of limitations sets a maximum time limit for when prosecutors can file criminal charges against a suspect. There are differences between a felony and a misdemeanor. But also, these time limits vary depending on the severity of the crime:
Misdemeanor Offenses
These are generally less serious crimes and typically have a shorter statute of limitations. In California, misdemeanors usually come with a one-year limitation period.
Felony Offenses
These are more serious crimes and have longer limitation periods. Felonies in California can range from a three-year statute of limitations to no limit at all for some very serious offenses, like murder.
These are just general guidelines, but remember, there may be exceptions and factors that affect the statute of limitations in your specific case.
Why Is it Important to Begin Working on Your Case as Soon as Possible?
Even though there might be a statute of limitations, it’s important to report a crime to law enforcement as soon as possible. Here’s why:
- Preserving Evidence: The sooner evidence is collected, the stronger your case is likely to be. Over time, memories fade, and physical evidence can be lost or degraded.
- Witness Availability: Witnesses are more likely to remember details of a crime if they are interviewed shortly after the incident.
- Increased Chance of Apprehension: The quicker law enforcement can begin their investigation, the greater the chance of apprehending the suspect.
Exceptions and Factors That Can Affect the Statute of Limitations
There are some exceptions and factors that can affect the statute of limitations in California. Here are a few examples:
- When the Crime is Discovered: For some crimes, the statute of limitations clock doesn’t start ticking until the crime is discovered. This can be important in cases of fraud or identity theft.
- When the Defendant is Out of State: If the defendant leaves the state after committing a crime, the statute of limitations may be paused (tolled) until they return.
- Special Statutes: There are special statutes of limitations for certain types of crimes, such as elder abuse or child sexual assault.
This is just a general overview; the specific statute of limitations for your case may be different. Contact a criminal defense lawyer for personalized counsel for your particular case.
Criminal Statute of Limitations in California FAQs
What Is a Statute of Limitations?
A statute of limitations is a law that describes the maximum window of time during which a state can charge someone with an offense. California has particular rules regarding these statutes.
When the state fails to bring prosecution charges before the time limit has passed, the defendant and their lawyer can file a motion to have the case dismissed. Depending on the crime, statutes of limitation can be as short as one year. For crimes such as murder, there is no statute of limitations, and the state can bring a charge at any time.
When does the Statute of Limitations Begin?
In most cases, the statute of limitations begins when the crime is committed. However, California also uses the discovery rule, which states that a statute begins when the offense is discovered. The rule is valuable to prosecutors and victims of crimes that are difficult to uncover, such as murder.
It also applies to crimes where a victim does not report the offense out of fear or because they are a minor. In these situations, the prosecution may be given more time to file the charge.
So-called “wobbler” charges are crimes that can be charged as either a misdemeanor or a felony, depending on the severity of the circumstances. The statute of limitations can, therefore, vary significantly from one to six years. Whether a charge is filed as a felony or misdemeanor can be influenced by the skill of your criminal lawyer and the evidence gathered by the prosecutor.
Are There Basic Rules that Govern the Statute of Limitations?
Yes, there are some basic rules that govern when a statute of limitation begins and ends. However, because there can be extenuating circumstances, the same criminal action could be used by the prosecutor as the foundation for more than one charge. This complicates things for the defendant because there could be overlapping statutes that are in effect for a single case.
In general, the basic guidelines for statutes of limitations in California are:
- One year for misdemeanors
- Three years for most felonies
- Six years for felonies that carry prison sentences of 8 years or more
- No limit for crimes that carry life imprisonment or a death sentence
For especially heinous crimes, the state may bring charges at any time, no matter how long it has been since the crime occurred. These criminal offenses include first-degree murder, rape with violence or force, aggravated sexual assault of a minor, kidnapping, embezzlement of public monies, and treason.
What Is a Tolled Statute of Limitations?
Tolling is applied to a statute of limitations when there are special circumstances that may require longer to investigate and present a case for prosecution. This action is generally used for situations where the plaintiff:
- Was legally a minor when the crime occurred
- Is determined to be mentally insane
- Is serving a prison sentence from a previous felony conviction
Tolling may also be invoked when a defendant has filed a bankruptcy case, which pauses any other lawsuits against them. It may also go into effect if the defendant is not physically in the jurisdiction of the case and must be brought back to the state or country for the trial.
How Can a Criminal Lawyer Help Me?
A criminal lawyer can use their knowledge and expertise in the law to help you defend yourself to the best of your ability. They can also explain how any applicable statutes of limitation will affect your case.
Facing one or more criminal charges in California can be scary and confusing, especially if you feel you are innocent or have no previous criminal record. Most people do not know how to gather evidence for their defense. They also do not have access to sources of information that could be used in their favor, which a competent criminal lawyer will research for their clients.
It is never a good idea to try to defend yourself, especially when the case involves criminal charges. The law is simply too complicated for you to effectively present proof of your innocence or even ask for the case to be dismissed. A qualified criminal lawyer can litigate and file motions with the court to help you as much as possible.
How Can Civil Statutes of Limitation Affect a Criminal Case?
Criminal statutes of limitation ensure that the state cannot charge someone after a certain period of time. This protects a defendant’s right to a speedy trial.
However, civil statutes of limitation are often longer, meaning a victim or their family has more time to pursue a civil trial against the defendant. This means you could avoid a criminal charge if the statute of limitations runs out but could still face a civil lawsuit that is filed in time.
Why Should I Hire a Criminal Lawyer in California?
California takes criminal charges very seriously, and if you are facing them, so should you. Your freedom could be at stake, and hiring a skilled criminal lawyer is the best way to minimize the punishment you could face. Your lawyer can work to decrease fines and jail time where possible and help you understand just what is at stake for you.
At the Simmrin Law Group, we fight for every client, no matter the circumstances of the case. We will build your defense and explain the complicated California legal system to you. For a risk-free, confidential consultation on how we can help, use our online form to schedule an appointment today.