Los Angeles Statute of Limitations

The statute of limitations (SOL) is the legal “timer” that tells prosecutors how long they have to file charges. In the context of the Los Angeles statute of limitations, once the clock runs out, the court generally loses jurisdiction, and the case must be dismissed, no matter how strong the evidence may seem. The rule protects the integrity of the justice system by preventing prosecutions based on stale memories, lost evidence, or faded witness recollections.

Understanding how the statute of limitations applies is essential to navigating the broader Los Angeles criminal process. Timing errors or misinterpretations can lead to wrongful charges, missed defenses, or lost opportunities for dismissal.

California groups crimes into three broad tiers:

• Misdemeanors (most): 1-year statute of limitations from the date of the offense (Penal Code § 802; confirmed by case law and practice guides).
• Ordinary felonies: 3-year statute of limitations (Penal Code § 801; widely summarized by leading treatises).
• Serious felonies punishable by 8+ years in prison (e.g., first-degree robbery, arson): 6-year statute of limitations (Penal Code § 800; see practice summaries).

These default periods apply unless the Legislature has carved out a special rule or an exception (such as tolling or discovery) applies under the Los Angeles statute of limitations framework.

California has decided that certain crimes are too severe, or too hard to detect quickly, to be subject to the ordinary deadlines:

• Crimes with NO statute of limitations (Penal Code § 799). Murder, attempted murder, and crimes punishable by life without parole. Embezzlement of public money. Forcible rape and certain other aggravated sexual assaults committed after 2017 (SB 813 amended § 799).
• 10-Year window. Most felony sex offenses that require registration under PC § 290. Failing to register as a sex offender.
• 5-Year window. Corporal injury to a spouse (§ 273.5). Elder or dependent-adult abuse.
• 4-Year window. Many fraud- and theft-based schemes (e.g., insurance fraud, welfare fraud).

These more extended periods under the statute of limitations acknowledge that victims may need time to come forward or that the paper trail can take months, sometimes years, to surface.

Under Penal Code § 804, the prosecution is “commenced” when a misdemeanor complaint is filed or when a defendant is arraigned on a felony complaint, as defined under the Los Angeles statute of limitations guidelines.

California also recognizes the discovery rule and tolling doctrines in § 803:

• Discovery rule: For certain concealed crimes (e.g., fraud, many sex offenses), the statute of limitations begins to run when the offense is or should have been discovered.
• Tolling: The clock pauses while the accused is out of the state, living under a false identity, or when the victim is a minor or legally insane.

Because Managing Attorney Michael Kraut is a former Los Angeles County Deputy District Attorney, our firm understands both sides of the timing battle. Typical defense strategies include:

• Pre-filing intervention. We gather employment, travel, and residence records that prove time-bar, then present them to the District Attorney before any charges are filed.
• Motion to Dismiss (PC § 995). If prosecutors file late or misplead a “wobbler” as a felony to secure a more extended period, we challenge the information at the earliest hearing.
• Speedy-Trial Overlay. Even if a crime has no SOL (e.g., murder), unreasonable delay can still violate the state and federal speedy-trial guarantees, providing an independent ground for dismissal.

• “They can charge me anytime they want.”
  Wrong. Even homicide detectives need to beat the clock for most crimes. Only the handful listed in § 799 are perpetual.
• “If I move out of California, the case dies.”
  Not necessarily. Leaving the state tolls the statute of limitations; the timer stops while you are away.
• “Civil settlements extend the deadline.”
  Civil agreements do not extend or waive criminal statutes of limitations. Only the Legislature can alter the period.

• Do not assume a late filing will be evident to the court; judges rely on counsel to raise the issue.
• Preserve proof of employment, residence, or travel that pinpoints where you and the prosecution were during the limitations period.
• Speak with counsel early. SOL defenses are most effective before arraignment, when the charging decision is still fluid.

If you are under investigation for an older allegation, or if charges were just filed and you suspect they are time-barred, contact Kraut Law Group Criminal & DUI Lawyers immediately. We maintain offices throughout Los Angeles County and are available to answer calls 24/7 at (888) 334-6344 or through our secure online contact form. Early intervention may be the difference between a quiet dismissal and a public prosecution.