Can You Be Charged After the Statute of Limitations Has Expired in California?

The statute of limitations plays a major role in California criminal cases, determining how long the state has to file charges after a crime occurs. Many people worry about whether they can still be prosecuted years later or whether a case against them might be dismissed because the deadline has passed. To better understand how the statute of limitations works and whether you can be charged after it has expired, continue reading and contact an experienced Red Bluff criminal lawyer today.

What is a Statute of Limitations?

Put simply, a statute of limitations is the legal deadline that prosecutors have to file criminal charges. Once the deadline passes, the state is generally barred from prosecuting the case. Statutes of limitations exist to protect defendants from unfair prosecutions based on old evidence, memories that have long since faded, and witnesses who may now be unavailable. They also encourage law enforcement to investigate and prosecute promptly, so evidence is still fresh and the court system does not get backed up with old cases.

The deadline will vary depending on the severity of the crime. For example, in California, serious felony offenses generally have a statute of limitations of 6 years, while standard felonies are typically cut off at 3 years and misdemeanors at 1 year. The timeframe can vary depending on the specific circumstances.

Can You Be Charged After the Statute of Limitations Has Expired in CA?

No, in general, you cannot be charged with a crime after the statute of limitations has expired. If the deadline has passed, you are generally protected from prosecution. If charges are filed after the expiration date, it can be considered a violation of due process and lead to a dismissal of the case.

It’s important to note that the court will not likely dismiss the case automatically. Whether the prosecutor miscalculated, believes that an exception applies, or is trying to avoid the limitation, you must file a motion to dismiss.

Do Any Crimes Have No Time Limit?

Yes, there are certain criminal offenses that have no statute of limitations, meaning that they can be prosecuted at any time, no matter how long it has been since the offense was committed. In California, an offense that is punishable by death, imprisonment for life, imprisonment for life without the possibility of parole, or embezzlement of public money can be prosecuted at any time.

Offenses that fall into this category include murder, treason, aggravated kidnapping, rape, sexual assault of a child, and more. California state law allows prosecution for these crimes at any time, regardless of how many years have passed. These offenses are so severe that they justify prosecution regardless of how long ago they were committed. Victims of these crimes also often delay reporting due to trauma or fear, so removing the deadline ensures accountability.