What You Need to Know About the Statute of Limitations in California
April 5, 2025 | Nafiz M. Ahmed
Each state has statutes of limitations that limit the time an individual can file a lawsuit. If you have been charged with a crime, it is important to understand these laws. You may be facing charges with a statute of limitations that limits or prevents legal action against you. This article will explain what you need to know about the statute of limitations in California.
The Purpose of a Statute of Limitations
A statute of limitations is a law that sets a time limit within which a legal action must be initiated after an alleged offense or injury occurs. As the time from an event gets further away, preserving or securing evidence becomes more challenging.
The statute of limitations strives to ensure cases move through the courts promptly. These limits uphold a reasonable timeframe that supports the preservation of evidence and the opportunity for victims to file civil actions or for prosecutors to bring criminal charges.
Why Statutes of Limitation Vary Based on the Crime
There are varying degrees of wrongful actions. Laws address the severity of an action by limiting or extending the time that someone can take action against an individual who harms them. Because of this, the time limits allowing you to face charges for misdemeanors are significantly less than the time limits for severe crimes like murder.
When the Statute of Limitations Begins in California
The date that starts the clock on how long you may face charges for a crime varies. In some instances, discovering a criminal action is not immediate. In California, the statute of limitations generally starts running when a crime is discovered or reasonably should have been discovered, not when the crime occurred, with exceptions for certain offenses and circumstances.
Tolling or pausing the starting date of a statute of limitations is possible for crimes that involve concealing or hiding information. For example, acts of fraud may go undetected for years due to an individual’s intent to hide information. Because of this, tolling the statute of limitations may occur to allow time for prosecuting an act of fraud to begin at the discovery of a crime.
Pausing the time limit on legal action can also occur when an individual flees the state where they are facing prosecution. Leaving the state does not allow for the legal clock to run out. A tolling of the statute of limitations allows pausing the clock, which will begin again once you return to the state.
California Crimes and the Statute of Limitations
The statute of limitations for criminal charges begins at one year and extends to life, depending on the charge. Filing a criminal charge against you must occur within the legal statute of limitations. Otherwise, the charge may be invalid.
Misdemeanors—such as shoplifting and petty theft crimes—generally carry a statute of limitation of one year from the date an alleged crime occurs. The statute of limitations for most felonies is three years. However, some felonies have a statute of limitations of six years or more. Whether a misdemeanor or felony, any charge can lead to severe consequences that have a negative effect throughout your life.
Contact a Criminal Defense Attorney if You’ve Been Charged With a Crime in California
Understanding the statute of limitations in California can be overwhelming. Different laws apply to different crimes, and there are many potential exceptions. Hiring an experienced criminal defense attorney can ensure your rights are protected and that you don’t miss any important deadlines. Contact one today if you have further questions.
Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500