California prosecutors generally have one year to file a misdemeanor, three years to file most felonies, and six years for felonies punishable by eight or more years in prison. Some crimes have no deadline at all, and several categories, including fraud, elder abuse and sex offenses, run on longer or delayed clocks. The details sit in Penal Code sections 799 through 805, and the exceptions matter as much as the rules.
If you are reading this because you think you may be under investigation, do not treat a calculation you make yourself as permission to ignore the situation. The clock can be paused, restarted or avoided by how a case is filed. Talk to a criminal defense attorney before you assume time has run out.
TL;DR
- Misdemeanors: generally one year from the offense (PC 802). Most felonies: three years. Felonies punishable by eight or more years in prison: six years.
- No deadline for crimes punishable by death or life in prison, or for embezzlement of public money. Many serious sex crimes also have no limit, and child victims can see charges filed until age 40.
- Fraud, breach of fiduciary duty, elder financial abuse and misconduct in office use a discovery rule: the clock starts when the crime is, or should have been, discovered.
- An arrest warrant can count as the start of a prosecution, so "I was never charged" does not mean the clock is still running.
- An expired limitations period is a defense that has to be raised in court. It is not an automatic bar.
Table of Contents
- How the California deadlines are built
- Misdemeanors: one year, with exceptions
- Felonies: three years, six years, or no limit
- Sex crimes: the longest and most complicated clocks
- Fraud, elder abuse and misconduct: the discovery rule
- When the clock stops, restarts or never began
- Perspective: why a deadline is a defense, not a shield
- How to work out a deadline in your own case
- Does a statute of limitations apply after conviction?
- Getting help in Los Angeles County
- FAQ
- Sources
How the California deadlines are built
California does not set a deadline crime by crime. It sets it by the maximum punishment the statute allows for the offense. Chapter 2 of the Penal Code, starting at section 799, sorts offenses into tiers:
| Tier | Typical offenses | Filing deadline |
|---|---|---|
| Death or life in prison; embezzlement of public money | Murder and other life-term offenses | None. Can be charged at any time |
| Felony punishable by 8+ years in prison | Many violent and serious felonies | 6 years |
| Other felonies | Lower-level felonies | 3 years |
| Misdemeanors | Most misdemeanors | 1 year |
That table is the default. Sections 801.1, 802 and 803 then carve out exceptions, and the exceptions are where most real disputes happen.
Two details change the math. First, the law looks at the maximum statutory punishment, not the sentence a prosecutor would realistically seek, and sentencing enhancements are not counted. A charge that looks minor on paper can carry the longer six-year window. Second, when a case includes a lesser-included offense, the limitations period for that lesser offense controls the timeline for it. That matters in plea negotiations, because a charge reduced to a lesser offense may bring a shorter deadline with it.
Misdemeanors: one year, with exceptions
Under Penal Code 802, a misdemeanor, meaning an offense not punishable by state prison or by felony-style county jail time, must generally be commenced within one year. Think simple DUI, petty theft, simple battery and many traffic crimes.
Section 802 also lists exceptions, including longer periods for certain offenses against children and for specific professional misconduct. Read the subdivision that applies to your charge before relying on the one-year rule.
A one-year window can feel generous or tight depending on the facts. Prosecutors often file DUI and domestic violence misdemeanors within weeks or months, because the evidence is fresh. Still, a case that sits for months while a lab test or a witness interview is pending can reach the filing stage close to the deadline. If you were arrested or cited and told "the DA will decide later," that decision is still on a clock, and the date of the incident is the date that matters.
Felonies: three years, six years, or no limit
Most felonies carry a three-year period, and felonies punishable by eight or more years in prison carry six. Whether a felony falls in one tier or the other turns on the statute's maximum term, including any upper term written into the offense itself.
Some examples of how the tiers play out:
- A felony drug possession-for-sale charge generally has a lower maximum than a violent felony, so the clock is typically shorter. The exact tier depends on the statute charged. You can read about how we approach those cases on our Los Angeles drug crimes defense page.
- A violent felony with a long maximum term, such as many robbery or assault with a deadly weapon charges, can fall in the six-year tier.
- Murder and other offenses punishable by life without parole, or by life in prison, can be filed decades later.
One point trips people up. "Life imprisonment" in section 799 covers offenses whose statute prescribes life, with or without parole. It does not cover a case where a person merely faces a very long sentence through stacked counts or enhancements.
Sex crimes: the longest and most complicated clocks
California has extended the limitations periods for sex offenses repeatedly. Legal scholar Gerald Uelmen described the state's whole limitations scheme in a law review article as the product of piecemeal legislation rather than a single coherent framework, and sex offenses show that pattern clearly.
The main rules, drawn from Penal Code 799 and the surrounding chapter:
- Many serious sex offenses can now be prosecuted at any time.
- Felony sex offenses listed in PC 290(c) can generally be commenced within 10 years of the offense when no more generous rule applies.
- Under PC 801.1, certain crimes against victims under 18 can be prosecuted any time before the victim's 40th birthday.
So a complaint about conduct that allegedly happened 15 or 20 years ago is not automatically too late. Which rule applies depends on the exact statute charged, the date of the offense, and the law in force on that date. Changes in the law have not always reached back to old conduct, and that question is often fought over.
If you face allegations in this area, the statute matters a great deal. Our pages on PC 288 lewd acts with a minor, PC 288.5 continuous sexual abuse of a child and PC 289 forcible sexual penetration explain the charges themselves. For a broader overview, see our page on sex crimes defense in California.
Fraud, elder abuse and misconduct: the discovery rule
For some offenses, the clock does not start on the day of the act. Penal Code 803(c) provides that for listed offenses, the period runs from the discovery of the crime, or from when it reasonably should have been discovered. The list includes:
- Grand theft involving a breach of trust
- Forgery
- Welfare fraud and insurance fraud
- Elder and dependent adult theft and embezzlement
- Breach of fiduciary duty and certain misconduct in public office
This is why white-collar and elder financial abuse cases can surface years after the transactions. A bookkeeper who moved money in 2019 may be charged in 2025 if the shortfall was only found in 2024, as long as the charge is filed within the period measured from discovery. If you are accused of this type of offense, our page on elder financial abuse defense covers the charge in more detail.
The key defense question in these cases is often when the crime should reasonably have been discovered. Records the victim or an institution had in hand earlier can shorten the window significantly.
When the clock stops, restarts or never began
The statute is strict about what pauses the clock. Penal Code 803 tolls it only in the situations it lists. One that comes up often is time spent outside California: leaving the state can extend the period, but by no more than three years in total. People who move away expecting to run out the clock are often wrong, because the time they spend outside the state can be added to the deadline.
Other points worth knowing:
- A warrant can start a prosecution. Under PC 804, a prosecution is commenced not only by filing an indictment or information, but also when a complaint is filed or an arrest or bench warrant is issued, provided the warrant identifies the defendant with the same particularity required of a charging document. You may never have been told you were charged, and a warrant may already exist. If you suspect that, our team handles warrant matters as part of criminal defense.
- The charging document can plead around the deadline. Prosecutors sometimes allege a late discovery date or a statute with a longer period to bring an old case within time.
- A reduced charge changes the deadline. If the case ends as a lesser-included offense, that offense's period is the one that applies to it.
Perspective: why a deadline is a defense, not a shield
We see two opposite mistakes. Some people hear that a crime "has a three-year limit" and conclude that they are safe after three years. Others assume the state can charge anything at any time. Both are wrong.
A limitations period is a procedural defense. It does not erase an accusation. It has to be raised, argued and, if the prosecution disputes it, litigated. Prosecutors may allege a later discovery date or rely on a different statute that carries a longer period, and the court decides which side is right. In our view, the work starts with the file: the date of the alleged conduct, the date any complaint or warrant was filed, the exact code section charged, and any reason the clock might have been paused.
Our practice is built around frequent appearances in Los Angeles County courtrooms and an understanding of how local prosecutors and judges handle charging decisions. That experience matters most when a case is filed close to a deadline, or when a prosecutor is trying to fit an old case into an exception. We also pursue pre-file intervention where a case has not been filed yet, because the best time to shape a charging decision is before it is made.
One warning from experience: do not contact investigators, the alleged victim, or witnesses to try to find out where you stand. Anything you say can be used to fix dates and facts that a limitations defense depends on.
— Jake
How to work out a deadline in your own case
This is the process a defense attorney follows. You can use it to organize what you know before a consultation.
- Identify the exact statute. The label "assault" or "fraud" is not enough. Charges are written as Penal Code, Health and Safety Code or Vehicle Code sections, and each has its own maximum punishment.
- Find the maximum punishment. Check whether it is life, eight or more years, less than eight years, or misdemeanor-level. Ignore enhancements and the sentence you expect to get.
- Check for a special rule. Look at sections 801.1, 802 and 803 for sex offenses, offenses against children, discovery-rule crimes and others.
- Fix the start date. For most crimes it is the date of the offense. For discovery-rule crimes it is the date of actual or reasonable discovery.
- Look for tolling. Time outside California, and other grounds in section 803, can extend the deadline.
- Find the date prosecution commenced. A filed complaint, an information, an indictment or a qualifying warrant all count under PC 804.
If the date from step 6 falls after the deadline from steps 1 through 5, the defense may have a strong argument. If the case is close, the argument depends on small details, and that is where an attorney is worth having.
Does a statute of limitations apply after conviction?
No. The limitations period applies to filing charges. It does not set a time limit on a sentence, probation or a record. If your concern is an old conviction rather than an uncharged offense, the relevant tool may be record relief. See our guides on how to seal or expunge a criminal record in California and expungement under PC 1203.4.
Getting help in Los Angeles County
If you have been arrested, cited, contacted by an investigator or told that a case may be filed, the next step is to have the dates reviewed against the statute before you answer any questions. Rubin Law, P.C. represents clients in Los Angeles County facing misdemeanors, felonies, federal investigations and pre-file situations, and our attorneys can review the charge, the timeline and your options. See the full list of criminal defense services or reach us through rubinlawpc.com.
FAQ
What is the statute of limitations for felonies in California?
Most felonies must be filed within three years. Felonies punishable by eight or more years in prison have a six-year period, and offenses punishable by death or life in prison have no limit. Special rules can lengthen the period for sex offenses, fraud, and crimes involving children.
Which crimes have no statute of limitations in California?
Under Penal Code 799, offenses punishable by death or life imprisonment, and embezzlement of public money, can be prosecuted at any time. Many serious sex crimes are also listed. The exact list is long and has changed over the years, so check the current text for the offense involved.
Does the clock stop if I leave California?
It can, but only for a limited time. Under PC 803, being outside the state can extend the deadline, though by no more than three years in total. Moving away is not a reliable way to outlast a possible charge.
Can I be charged if I was never arrested?
Yes, if the deadline has not passed. Prosecution can begin with a filed complaint, an information, an indictment, or an arrest or bench warrant that meets the particularity requirement in PC 804. You may not know about a warrant until it is served.
Sources
- California Penal Code, Chapter 2 (sections 799 to 805)
- California Penal Code 802
- California Penal Code 803
- California Penal Code 804
- California Penal Code 801.1
- Making Sense Out of the California Criminal Statute of Limitations (Uelmen)