The Statute of Limitations (frequently abbreviated as "SOL") is the length of time from the date of an offense (or in some cases, from the date of the discovery of the offense) that a criminal matter must be filed or be time-barred.  Once the statute of limitations on a given offense has "run" it is unlikely that the case would be filed.  If filed, the defendant may raise the statute of limitations objection at any time and have the case dismissed.  How the statute of limitations is, is calculated, and is tolled depends on they type of offense and the punishment possible for an offense.  The justification behind requiring that criminal offenses be brought to court within the statute of limitations, is that the delay in prosecution may prejudice a defendant. 

Evidence, including recollection of witnesses, availability of witnesses, recordings, and other investigative discoveries all become substantially more difficult as time passes.  Because of this, the prosecution must bring charges within an appropriate amount of time in order to protect defendant's from wrongful convictions due to a lack of preserved evidence.  California's Statute of Limitations laws are discussed in California Penal Code §§ 799 - 803.

ONE YEAR FOR MOST MISDEMEANORS
Most misdemeanor offenses have a one year statute of limitations.  If not filed within one year of the offense, most misdemeanor offenses will be time-barred.  Some exceptions include misdemeanors where there is a child victim (3 year SOL) and sexual exploitation by a physician or therapist (2 year SOL).  If you or a loved one is facing misdemeanor charges, filed more than a year after the date of the incident or arrest, you may be able to assert a statute of limitations defense to get the case thrown out.  Even if a misdemeanor case was filed, a Serna motion may lead to dismissal of misdemeanor charges more than a year old.

THREE YEARS FOR MOST FELONIES
Felonies punishable by less than 8 years in prison generally have a three year statute of limitations.  This covers most felony offenses, including some crimes as serious as Robbery (2nd Degree) and more.  Any felony offense filed more than three years after the date of the offense should be carefully examined for SOL issues.  A Doggett motion can be filed in a felony case where there has been an undue delay.

SIX YEARS FOR FELONIES PUNISHABLE BY 8 YEARS OR MORE
More serious felony offenses, punishable by 8 years or more carry a longer statute of limitations (6 years).  Crimes like First-Degree Robbery, DUI Manslaughter and more can be filed for up to 6 years after the date of the offense.

NO STATUTE OF LIMITATIONS FOR SPECIFIED OFFENSES
Murder and other offenses punishable by death or life in prison have no statute of limitations.  Moreover, aggravated rape and crimes involving embezzlement of public funds carry no statute of limitations.

SEX CRIMES INVOLVING CHILDREN
Due to the unique nature of sex crimes involving children, statute of limitations laws apply to these situations differently.  It is more likely than with other offenses that a victim will come forward long after the event has taken place.  Certain felony sex offenses, against victims under 18, may be filed at any time prior to the victim's 28th birthday, or within 10 years after commission of the offense.  For a sexual crime against a victim under 18 where the statute of limitations has run, a case can be commenced within 1 year of the date a report is filed with a state law enforcement agency, but only if there is admissible, independent corroborating evidence.  A rape or sex charge may be filed within one year of the date DNA evidence is used to establish identity of the suspect.  Additionally, child pornography offenses, and failure to register as a sex offender (regardless of whether the registration requirement is due to a crime involving children) is 10 years.
More About Sex Crimes |  More About Child Sex Crimes

FOUR YEAR STATUTE OF LIMITATIONS FOR OTHER SPECIAL OFFENSES
Crimes involving fraud or breach of a fiduciary obligation, theft or embezzlement upon an elder or dependent adult or misconduct in office by a public officer, employee, or appointee involving certain specified acts can carry a four year statute of limitations. 

TOLLING BECAUSE DEFENDANT OUT OF STATE
If the defendant is out of state for any significant amount of time after an offense, but prior to the expiration of the statute of limitations, time can be added for up to three years.  For example, if Dan is arrested for commercial burglary, a felony punishable by up to three years in prison, charges must be brought against him within 3 years of the date of the offense or not at all.  However, after Dan gets out of jail, the DA does not immediately file charges and Dan moves out of state to Arizona for 5 years.  The DA cannot add Dan's entire 5 year absence from the state to the statute of limitations, but can add three of the years, making he new statute of limitations 6 years with regards to Dan's case.  If Dan is charged within 1 year of his return to the state, and the DA can show proof, the statute of limitations will not protect Dan

TOLLING BECAUSE OFFENSE UNDISCOVERED
Some statutes of limitation begin to run only once the offense is discovered or should have been discovered.

If you or a loved one has been charged with a crime in Los Angeles, contact the Law Offices of Nicholas Loncar for a free consultation to discuss your defenses, both those related to the Statute of Limitations and other defenses specific to your charges and case.